Serious Crime Act 2015 (c. 9)

PART 5 U.K. Protection of children and others

[F1 Strangulation or suffocation E+W

Textual Amendments

F1 Ss. 75A, 75B and cross-heading inserted (E.W.) (7.6.2022) by Domestic Abuse Act 2021 (c. 17), ss. 70(1), 90(6); S.I. 2022/553, regs. 1(2), 3(a)

75A Strangulation or suffocation E+W

(1) A person (“A”) commits an offence if—

(a) A intentionally strangles another person (“B”), or

(b) A does any other act to B that—

(i) affects B's ability to breathe, and

(ii) constitutes battery of B.

(2) It is a defence to an offence under this section for A to show that B consented to the strangulation or other act.

(3) But subsection (2) does not apply if—

(a) B suffers serious harm as a result of the strangulation or other act, and

(b) A either—

(i) intended to cause B serious harm, or

(ii) was reckless as to whether B would suffer serious harm.

(4) A is to be taken to have shown the fact mentioned in subsection (2) if—

(a) sufficient evidence of the fact is adduced to raise an issue with respect to it, and

(b) the contrary is not proved beyond reasonable doubt.

(5) A person guilty of an offence under this section is liable—

(a) on summary conviction—

(i) to imprisonment for a term not exceeding [F2 the general limit in a magistrates’ court] (or 6 months, if the offence was committed before [F3 2 May 2022]), or

(ii) to a fine,

or both;

(b) on conviction on indictment, to imprisonment for a term not exceeding 5 years or to a fine, or both.

(6) In this section “serious harm” means—

(a) grievous bodily harm, within the meaning of section 18 of the Offences Against the Person Act 1861,

(b) wounding, within the meaning of that section, or

(c) actual bodily harm, within the meaning of section 47 of that Act.

Textual Amendments

F2 Words in s. 75A(5)(a)(i) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1

F3 Words in s. 75A(5)(a)(i) substituted (28.4.2022) by The Criminal Justice Act 2003 (Commencement No. 33) and Sentencing Act 2020 (Commencement No. 2) Regulations 2022 (S.I. 2022/500), regs. 1(2), 5(1), Sch. Pt. 1

75B Offences under section 75A committed outside the United Kingdom E+W

(1) If—

(a) a person does an act in a country outside the United Kingdom,

(b) the act, if done in England and Wales, would constitute an offence under section 75A, and

(c) the person is a United Kingdom national or is habitually resident in England and Wales,

the person is guilty in England and Wales of that offence.

(2) In this section—

• “country” includes territory;

• “United Kingdom national” means an individual who is—

  (a)

  a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen,

  (b)

  a person who under the British Nationality Act 1981 is a British subject, or

  (c)

  a British protected person within the meaning of that Act.]