Moved by
Baroness Newlove
49: Before Clause 65, insert the following new Clause—
“Strangulation or suffocation
(1) In Part 5 of the Serious Crime Act 2015 (protection of children and others), after section 75 insert—
“Strangulation or suffocation
75A Strangulation or suffocation
(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.
75B Offences under section 75A committed outside the United Kingdom
(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.”
(2) Schedule (Strangulation or suffocation: consequential amendments) contains consequential amendments.”
Member’s explanatory statement
This amendment provides that it is an offence for a person to strangle another person, or to commit any other kind of battery against a person that affects the person’s ability to breathe (such as covering the person’s mouth or nose or sitting on the person’s chest). The maximum penalty for the offence is 5 years’ imprisonment.