What amounts to the aggravationN.I.
16—(1) For the purposes of section 15, an offence committed by a person (“A”) is aggravated by reason of involving domestic abuse if the three listed conditions are met.
(2) The listed conditions are—
(a)that a reasonable person would consider the commission of the offence by A to be likely to cause another person (“B”) to suffer physical or psychological harm,
(b)that A—
(i)intends the commission of the offence to cause B to suffer physical or psychological harm, or
(ii)is reckless as to whether the commission of the offence causes B to suffer physical or psychological harm, and
(c)that A and B are personally connected to each other at the time.
(3) An offence committed by A can be aggravated by virtue of this section whether or not—
(a)the offence is committed against B, or
(b)the commission of the offence actually causes B to suffer harm of the relevant sort.
(4) Nothing in this section prevents evidence from being led in proceedings for the offence about harm actually suffered by B as a result of A's commission of the offence.
(5) The references in this section to psychological harm include fear, alarm and distress.
Commencement Information
I1S. 16 in operation at 21.2.2022 by S.R. 2022/57, art. 2(p)