It may come as a surprise to some, but non-fatal strangulation was only made into a specific offence in June of 2022 after growing concern that non-fatal strangulations were not being sufficiently prosecuted. This was as a result of its difficulty to prove under the offences available at the time (e.g. ABH), especially in cases where no marks were left on the victim’s neck.
Prior to the act, non-fatal strangulation has been alleged most commonly between partners or ex-partners as a method of control or intimidation by restricting the victims breathing. In line with this, the governments implementation of the Domestic Abuse Act 2021 (DAA) sought to punish the perpetrators who had escaped the scope of current law.
Definition
Section 70(1) of the DAA 2021 inserted section 75A into Part 5 of the Serious Crime Act 2015 (SCA 2015). As such providing an offence and definition of non-fatal strangulation:
- A person (“A”) commits an offence if—
(a) A intentionally strangles another person (“B”), or
(b) A does any other act to B that—
(i) affects B's ability to breathe, and
(ii) constitutes battery of B.
Most recent statistics from the sentencing council suggest that within the first year of implementation, over 700 offenders were sentenced under this legislation. As a triable either way offence, 58% of these sentences took place in the crown courts.
Being found guilty of non-fatal strangulation may result in a prison being sentenced to up to five years. On average, in the first year of implementation, a 17-month custodial sentence was given, however, this appeared to be rising towards June of 2023.
How can we help?
Since the implementation of this legislation, Stephensons has represented many people being investigated and charged with this offence.
At Stephensons, we have specialist criminal defence lawyers who can help navigate you through the often-complex legal system. We will explain the law to you in simple terms and apply the law to the circumstances of your case. Our expert team have been awarded Legal 500 tier one ranking, the highest, for its criminal defence work for the tenth consecutive year. If you are being investigated or have been charged with this offence please do not hesitate to contact the team on 0161 696 6188 or complete one of our online forms and someone from the team will get in touch with you.
By Faye Dutson, associate
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