PART 6

Offences involving abusive or violent behaviour

Offences against the person

Strangulation or suffocation
70
1
In Part 5 of the Serious Crime Act 2015 (protection of children and others), after section 75 insert—

Strangulation or suffocation

Strangulation or suffocation
75A
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 12 months (or 6 months, if the offence was committed before the coming into force of paragraph 24(2) of Schedule 22 to the Sentencing Act 2020), 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.

Offences under section 75A committed outside the United Kingdom
75B
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—
  1. a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen,
  2. a person who under the British Nationality Act 1981 is a British subject, or
  3. a British protected person within the meaning of that Act.
2
Schedule 2 contains consequential amendments.
S. 70 in force at 7.6.2022 by S.I. 2022/553, regs. 1(2), 3(a)