From the 7th June 2022, those who strangle their partners, in an attempt to control or induce fear, will now face prosecution under the new non-fatal strangulation legislation.
Our recent article alerted criminal defence lawyers to the new non-fatal strangulation offences soon to come into force.
The new offence of non-fatal strangulation is triable-either way. On indictment it carries a maximum sentence of 5 years’ imprisonment.
Non-fatal strangulation was made a specific criminal offence as part of the government’s landmark Domestic Abuse Act. The practice typically
involves a perpetrator strangling or intentionally affecting their victim’s ability to breathe, in an attempt to control or intimidate them.
Acts of strangulation do not always leave visible injuries, making prosecutions for assault occasioning actual bodily harm (ABH) difficult to
prove, hence the creation of this new criminal offence.
Non-fatal strangulation offences overseas are not exempt
The new non-fatal strangulation offence will also apply to British nationals abroad, meaning that perpetrators can now be prosecuted in England and Wales for non-fatal strangulation offences committed overseas.
See the CPS non-strangulation guidance for further details.
Contact the Public Defender Service to instruct our criminal defence lawyers specialising in complex cases including serious violence, strangulation and suffocation.