Earlier this week, new laws came into force creating a standalone offence of ‘Non-Fatal Strangulation’.
Prior to the introduction of this standalone legislation, it was often hard to prosecute in cases of non-fatal strangulation or asphyxiation due to the application of statutory limitations.
Any person found guilty of this offence from 26th June 2023 will be liable to be charged and prosecuted under the new provisions, with maximum penalties of two years imprisonment in the Magistrate’s Court or 14 years imprisonment if tried in the Crown Court.
Read more: First charge over new non-fatal strangulation offence
Strangulation is the second most common method of female murder or ‘femicide’ in the UK. Victims of non-fatal strangulation are 7 times more likely to be at risk of future fatal harm. There were an estimated 20,000 victims of these offences in UK in the last year.
Non-fatal Strangulation is recognised from research as a sign of escalating behaviour and a red flag in understanding future risk of murder or attempted murder.
Although it doesn’t always leave physical marks this doesn’t detract from the serious nature of the offence. It is incredibly dangerous behaviour and has a serious impact on the physical and psychological wellbeing of the victim.
Family Law Partner, Claire Edgar of Francis Hanna & Co said: “Until the creation of this new offence, cases of strangulation were difficult to prosecute as statutory limitations applied.
"Often, assault charges were pursued in Court instead, with such charges carrying lower maximum sentences.
"The creation of a new offence of Non-Fatal Strangulation will help to address these problems and hopefully allow more cases of strangulation to be effectively prosecuted in Court.
"The new offence also sends a clear message to offenders about how this behaviour will be treated.”
Claire Edgar is a Partner in the Family Law department of Francis Hanna & Co Solicitors, 32/36 May Street, Belfast.
For advice and assistance on domestic abuse, please contact Claire on cedgar@fhanna.co.uk or call 028 9024 3901.
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