{
  "url": "https://openlegislation.uk/domestic-abuse-and-civil-proceedings-act-northern-ireland-2021/section-16",
  "json_url": "https://openlegislation.uk/domestic-abuse-and-civil-proceedings-act-northern-ireland-2021/section-16.json",
  "legislation": "nia/2021/2",
  "legislation_title": "Domestic Abuse and Civil Proceedings Act (Northern Ireland) 2021",
  "legislation_url": "https://openlegislation.uk/domestic-abuse-and-civil-proceedings-act-northern-ireland-2021",
  "path": "section/16",
  "kind": "section",
  "number": "16",
  "heading": "What amounts to the aggravation",
  "text": "(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.\n(2) The listed conditions are—\n(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,\n(b) that A—\n(i) intends the commission of the offence to cause B to suffer physical or psychological harm, or\n(ii) is reckless as to whether the commission of the offence causes B to suffer physical or psychological harm, and\n(c) that A and B are personally connected to each other at the time.\n(3) An offence committed by A can be aggravated by virtue of this section whether or not—\n(a) the offence is committed against B, or\n(b) the commission of the offence actually causes B to suffer harm of the relevant sort.\n(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.\n(5) The references in this section to psychological harm include fear, alarm and distress.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "S. 16 in operation at 21.2.2022 by S.R. 2022/57, art. 2(p)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/nia/2021/2/section/16",
    "retrieved_at": "2026-10-29T20:19:39.398803+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}