Two new criminal offences of non-fatal strangulation and non-fatal suffocation recently came into force on 7th June 2022, after being made into specific offences by the Domestic Abuse Act 2021.

Groups campaigning against domestic violence have welcomed the introduction of these offences, after significant concerns were raised that there was a gap in the law. Women’s charities estimate that 20,000 individuals per year in the UK experience non-fatal strangulation or suffocation. However, the fact that these acts often leave no visible injury has meant that they could only be prosecuted under the offence of ‘common assault’ until these new offences were introduced.

The Offence

The legislation states that the offence of non-fatal strangulation is made out if:

• An individual (‘A’) intentionally strangles another person (‘B’), or
• ‘A’ does any other act to ‘B’ that – 
• affects ‘B’’s ability to breathe, and
• constitutes a battery of ‘B’.

Legal guidance published by the Crown Prosecution Service sets out when prosecutors should consider whether it is appropriate to charge non-fatal strangulation or suffocation, as opposed to common assault, assault occasioning actual bodily harm (“ABH”) or grievous bodily harm (“GBH”). It also details a non-exhaustive list of how these offences can be established.

Sentencing

These new offences of non-fatal strangulation and non-fatal suffocation are both triable either way offences and carry a maximum sentence of 5 years imprisonment. They can therefore be heard in either the Magistrates’ Court or the Crown Court and have been deliberately drafted to result in similar punishments as the offence of ABH.

Defence

The Domestic Abuse Act 2021 does also introduce a statutory defence, in which ‘A’ must show that ‘B’ consented to the strangulation or other act. However, this defence does not apply in situations where ‘B’ suffers serious harm as a result of the act and ‘A’ either intended this harm or was reckless as to whether ‘B’ would suffer serious harm. Serious harm in these circumstances is identified as either GBH, wounding or ABH under the definitions provided by the Offences Against the Person Act 1861. 

Charging Decisions

There appears to already be a significant push to utilise these new offences, exhibited both by the legal guidance published by the Crown Prosecution Service and the urging of the Government by Nicola Jacobs, the Domestic Abuse Commissioner, to launch a coordinated strategy to roll out the use of these offences. In addition, just 3 days after the introduction of these criminal offences, a man from Tameside became the first individual charged by Greater Manchester Police with non-fatal strangulation, with several other police forces already following suit.

How can JMW help?

JMW offer representation at every stage of the criminal process from highly experienced professionals. If you or someone that you know may benefit from advice in relation to this area, get in touch with our expert team at JMW today. Call us on 0345 872 6666 or complete our online enquiry form and we will get back to you.