Non-fatal strangulation or suffocation

s.75ASerious Crime Act 2015

Intentionally strangling another person, or doing any other act to them that affects their ability to breathe and amounts to a battery.

Non-fatal strangulation or suffocation · Serious Crime Act 2015, s.75ACard 35 / 85

Points to prove

s.75A(1)(a)Intentionally
s.75A(1)(a)Strangled another person
s.75A(1)(b)Did any other act to another person
s.75A(1)(b)Which affected their ability to breathe
s.75A(1)(b)And which constituted a battery of them (intentional or reckless application of unlawful force)

Strangles – not defined in the Act. It takes its ordinary meaning. No injury needs to be caused or proved.
Affects B’s ability to breathe – s.75A(1)(b)(i). This limb covers suffocation, such as covering the mouth and nose.
Battery – s.75A(1)(b)(ii): the act must also be a battery, so the defendant must intentionally or recklessly apply unlawful force.
Serious harm – s.75A(6): grievous bodily harm or wounding (within s.18 Offences Against the Person Act 1861), or actual bodily harm (within s.47 of that Act).

Consent – s.75A(2): it is a defence that the victim consented to the strangulation or other act.
The defendant only has to raise enough evidence to make consent an issue. The prosecution must then disprove it beyond reasonable doubt (s.75A(4)).
Consent is not a defence if the victim suffers serious harm and the defendant intended to cause serious harm or was reckless as to whether it would be caused (s.75A(3)).

Inserted by the Domestic Abuse Act 2021 and in force from 7 June 2022. It is not limited to domestic settings.
Section 75B makes it an offence in England and Wales where the act is done abroad by a UK national or someone habitually resident in England and Wales.
A racially or religiously aggravated version exists under s.29(1)(ba) Crime and Disorder Act 1998 (maximum 7 years).

Legislation: Serious Crime Act 2015, s.75A (opens legislation.gov.uk in a new tab)
Mode of trial: Either way
Maximum penalty: 5 years' imprisonment and/or a fine (on indictment); 12 months' imprisonment and/or a fine (summarily)