Section 16 What amounts to the aggravationI1

(1)

For the purposes of section 15, an offence committed by a person (“A”) is aggravated by reason of involving domestic abuse if the three listed conditions are met.

(2)

The listed conditions are—

(a)

that a reasonable person would consider the commission of the offence by A to be likely to cause another person (“B”) to suffer physical or psychological harm,

(b)

that A—

(i)

intends the commission of the offence to cause B to suffer physical or psychological harm, or

(ii)

is reckless as to whether the commission of the offence causes B to suffer physical or psychological harm, and

(c)

that A and B are personally connected to each other at the time.

(3)

An offence committed by A can be aggravated by virtue of this section whether or not—

(a)

the offence is committed against B, or

(b)

the commission of the offence actually causes B to suffer harm of the relevant sort.

(4)

Nothing in this section prevents evidence from being led in proceedings for the offence about harm actually suffered by B as a result of A's commission of the offence.

(5)

The references in this section to psychological harm include fear, alarm and distress.

Annotations

Commencement

I1: S. 16 in operation at 21.2.2022 by S.R. 2022/57, art. 2(p)