Non-Fatal Strangulation Offence

Don't just accept the evidence. Check evidence. 

On 7 June 2022, a new offence of non-fatal strangulation came into force in England and Wales under the Domestic Abuse Act 2021, meaning perpetrators who strangle or suffocate their partners in an attempt to control, intimidate or induce fear can face up to five years in prison.

The offence addresses concerns that perpetrators were previously able to avoid prosecution because strangulation often leaves no visible injuries, despite evidence highlighting the serious risks to victims. These measures formed part of wider government efforts to strengthen protections for victims, improve access to justice and tackle violence against women and girls.

But those efforts have backfired…

The offence was introduced with a clear purpose: to recognise the seriousness of strangulation offences and give prosecutors a specific charge. However, some lawyers (including us!) question whether the legislation is fit for purpose. It seems as though public pressure and a series of high-profile cases drove the changes through Parliament too quickly without the usual consultation process.

Cases which might previously have resulted in successful assault prosecutions are now being charged as non-fatal strangulation, only for those charges to be dropped quickly due to police oversights and inadequate investigations.

Take a look at this video filmed by Sky News on non-fatal strangulation:

When properly defended, non-fatal strangulation has one of the highest acquittal rates among assault offences. This reinforces the importance of examining the charge closely rather than assuming that a serious allegation inevitably means a strong prosecution case.

The detail can determine the outcome. The CPS must prove the case beyond reasonable doubt. This is the highest standard of proof in law. At Wilson Reed, we specialise in identifying evidential shortfalls and prosecution oversights. Gaps in the legislation, disputed interpretations and technical points can matter - but only when they are relevant to the facts of your case. Take a look at our case study later in this blog. 

Effective representation requires more than just experience with assault cases. It requires a solicitor who understands this particular offence, spots the legal and evidential weaknesses early, and knows how to put them before the CPS and the court. Where the prosecution has overreached, your defence must be ready to expose it.

Defences to non-fatal strangulation

A basis of plea: Can we get it down to a simple assault?

Case Study.