Guidance

Domestic Abuse Act 2021 Section 70: Strangulation and suffocation, Circular 2022/01

Guidance on the creation and coming into force of section 70 of the Domestic Abuse Act 2021: strangulation and suffocation.

Applies to England and Wales

Documents

Details

The purpose of this circular is to notify recipients of the commencement of a new criminal offence of non-fatal strangulation or suffocation. Section 70 of the Domestic Abuse Act 2021 comes in to force on 7 June 2022. This section amends 75A of the Serious Crime Act 2015 by creating a new and specific criminal offence of non-fatal strangulation and suffocation.

The offence applies to all cases where non-fatal strangulation occurs, including in cases where such acts occur in a domestic abuse context. The offence captures strangulation, and any acts that affect a victim’s ability to breathe and constitutes a battery (such as suffocation, or constriction).

Domestic Abuse Bill

Published 7 June 2022