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Justice (Sexual Offences and Trafficking Victims) Act (Northern Ireland) 2022

Schedule 4: Offence of non-fatal strangulation or asphyxiation: Consequential Amendments

Schedule 4 makes amendments to other enactments consequential on the new offence of non-fatal strangulation or asphyxiation, adding it to lists of offences of violence, which are prescribed for other purposes, including:

  • calculating the timescales for retention of forensic data;

  • the application of notification orders, SOPOs, foreign travel orders, risk of sexual harm orders etc.;

  • the imposition of extended custodial sentences;

  • allowing the court or jury to draw inferences from the defendant’s failure to give evidence or refusal to answer a question when charged with strangulation causing or allowing a child or vulnerable adult to die or suffer serious harm; and

  • ensuring that battery of a child cannot be justified on the ground that it constituted reasonable punishment.

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