PART 1

Domestic abuse: offence and aggravation
CHAPTER 1

Offence of domestic abuse

Applicable rules and penalty

Alternative available for conviction
13
1
In proceedings in respect of a charge against a person (“A”) of the domestic abuse offence, A may be convicted of an alternative offence if the facts proved against A—
a
do not amount to the domestic abuse offence, but
b
do amount to the alternative offence.
2
For the purposes of subsection (1), the alternative offences are—
a
an offence under Article 4 of the Protection from Harassment (Northern Ireland) Order 1997 (harassment),
b
an offence under Article 6 of that Order (putting people in fear of violence).
c
an offence under section 1 of the Protection from Stalking Act (Northern Ireland) 2021 (offence of stalking),
d
an offence under section 2 of that Act (offence of threatening or abusive behaviour).
3
This section is without prejudice to section 6(2) of the Criminal Law Act (Northern Ireland) 1967 (alternative verdicts on trial on indictment).
S. 13 in operation at 21.2.2022 by S.R. 2022/57, art. 2(m)
S. 13(2)(c)-(d) addded (27.4.2022) by Protection from Stalking Act (Northern Ireland) 2022 (c. 17), ss. 4, 22(1)