No Further Action Domestic Non-Fatal Strangulation Wembley Police Station
Our client was arrested for the offences of non-fatal strangulation and actual bodily harm and was taken to Wembley Police Station.
The allegation against our client was that he attacked his partner and his actions resulted in him being arrested for the above offences. The police stated that the witness was yet to provide a video recorded interview. Our client raised a defence during consultation, namely that he did not assault the victim and stated that the allegation had been fabricated.
The offence of non-fatal strangulation is an offence under the Domestic Abuse Act 2021. The act of non-fatal strangulation involves the intentional strangling of another person or any other act that affects a person’s breathing. The maximum sentence is five years’ imprisonment.
This offence is only made out if a suspect ‘intentionally strangles another person’ or does any other act that affects their 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 by knowing that the act would occur.
Whilst in consultation with our client at Wembley Police Station, we provided our client with advice, which was based on the evidence available along with our client’s account. The advice was that our client should utter “no comment” to police questions and leave officers to strict proof.
This meant that the burden would be on the police to prove the case against our client which was based on the lack of evidence which was available at the time of our attendance. As a result of our advice, the police decided to take ‘no further action’ against our client and our client was free to leave the police station.
Our expert lawyer was able to assess the evidence available alongside our client’s account and provide the best advice to the client in preparation for the interview. The advice given to answer ‘no comment’ to police questions allowed him to prevent self-incrimination and officers were left to prove the case against our client. Our advice saved our client from getting a criminal conviction for the above offences, avoiding the whole court process, and leaving officers to take no further action against our client.
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