No Further Action Intentional Strangulation ABH Islington Police Station 2024

No further action was taken on allegations of non-fatal strangulation and actual bodily harm at Islington Police Station in August 2024 against our client.

The client was arrested following allegations that he attacked his partner. The victim did not provide a statement and was not willing to support the police investigation at this time. There had been several domestic reports made against the same client prior to this incident. During consultation the client denied all allegations of assault and strangulation.

The offence of assault occasioning actual bodily harm occurs when a person intentionally or recklessly assaults another, thereby causing actual bodily harm, which is harm that need not be permanent but must be more than transient and trifling. Examples of ABH include bruising, scratching and swelling. There are defences available to an Assault Occasioning Actual Bodily Harm which include self-defence, duress, necessity, or consent. In this case,  rather than a defence, our client submitted factual denial as the client gave an opposing version of events to the one that the police disclosed.

The offence of non-fatal strangulation is a new offence which came into force under section 70 of the Domestic Abuse Act 2021. The act of non-fatal strangulation involves the intentional strangulation of another person, or any other act that affects another person’s ability to breathe and constitutes a battery.

It is a defence to show that the alleged victim consented to the strangulation or other act. However, the defence does not apply if serious harm is suffered as a result of the strangulation or other act, and the suspect either intended to cause serious harm, or was reckless as to whether would occur.

When attending Islington Police Station, we advised on the evidence available and following our client’s account., we advised our client to answer ‘no comment’ to the questions in police interview. This would put the case to the police to prove as there was a lack of evidence on which to charge the client at this stage. As a result of our advice, the police decided to take ‘no further action’ on the allegations and the matter was prevented from going to court