Yes. Non-fatal strangulation is a specific criminal offence in England and Wales. It was introduced under the Domestic Abuse Act 2021 and came into force in June 2022. The offence was created to recognise the seriousness of strangulation and suffocation, even where there are no visible injuries.
If you are under investigation or have been accused of non-fatal strangulation, it is essential to understand how the law defines the offence, what the prosecution must prove, and what legal defences may be available.
What Is the Legal Definition of Non-Fatal Strangulation?
The offence is contained in section 75A of the Serious Crime Act 2015, as inserted by the Domestic Abuse Act 2021. It makes it illegal for a person to strangle or suffocate another person intentionally.
Strangulation involves applying pressure to the throat or neck to impair breathing or blood circulation. Suffocation can involve covering the mouth or nose, or otherwise restricting airflow. The law does not require visible injury. The absence of bruising or marks does not prevent a charge.
The prosecution must prove that the act was intentional. Accidental contact or incidental pressure during a struggle does not automatically amount to the offence. The conduct must be deliberate.
Why Was a Separate Offence Introduced?
Before 2022, allegations of strangulation were often prosecuted as common assault or actual bodily harm. These offences did not always reflect the seriousness and risks associated with restricting someone’s breathing.
Medical evidence shows that strangulation can cause internal injury, brain injury, or delayed complications even when there are no external signs. Parliament therefore introduced a distinct offence to ensure courts could treat such conduct with appropriate gravity.
The new offence carries a significantly higher maximum sentence than common assault, reflecting the potential harm involved.
What Must the Prosecution Prove?
To secure a conviction, the prosecution must establish beyond a reasonable doubt that:
- The defendant intentionally strangled or suffocated another person.
- The act was not legally justified.
- The alleged victim did not consent in circumstances where consent would be legally recognised.
In practice, these cases often rely heavily on witness testimony. There may be limited forensic evidence, particularly where no visible injury is present.
Police will typically examine medical records, photographs, 999 call recordings, text messages, body-worn video footage, and prior relationship history.
Because the offence is relatively new, charging decisions often depend on how investigators interpret the level of force and the surrounding circumstances.
What Is the Sentence for Non-Fatal Strangulation?
Non-fatal strangulation is an either-way offence. This means it can be heard in either the Magistrates’ Court or the Crown Court, depending on the seriousness.
The maximum sentence is five years’ imprisonment. Sentencing depends on factors such as:
- The level of force used.
- Whether the complainant lost consciousness.
- Evidence of prolonged pressure.
- Any previous convictions.
- The broader context of the relationship.
In addition to imprisonment, courts frequently impose restraining orders. These can restrict contact for many years and carry criminal penalties if breached.
A conviction may also have serious consequences for employment, professional regulation, immigration status, and DBS checks.
Is Consent a Defence?
The issue of consent is legally complex. In general, a person cannot consent to serious harm. Even where both parties accept that physical contact occurred, the court will examine whether the level of harm or risk goes beyond what the law permits.
Each case turns on its specific facts. Consent arguments must be approached carefully and with legal advice.
Can You Be Charged Without Visible Injuries?
Yes. Visible injuries are not required. The law was explicitly designed to address situations where there may be minimal or no external signs.
Medical professionals now understand that strangulation can cause internal damage without bruising. As a result, police and prosecutors may proceed even where photographs do not show marks.
This makes early legal representation particularly important. Allegations may rest largely on one person’s account of events.
Possible Legal Defences
Every case is fact-specific. However, common defence issues include whether the contact was intentional, whether pressure was applied as alleged, whether the account is reliable, and whether self-defence may apply.
In some cases, inconsistencies in statements, absence of medical findings, or contextual evidence from digital communications can be central to the defence.
Because the offence is serious and carries custodial risk, a carefully planned legal strategy is essential from the earliest stage.
Under Investigation for Non-Fatal Strangulation?
If you are asked to attend a voluntary police interview or have been arrested in connection with non-fatal strangulation, you should seek legal advice before answering questions.
Statements made during an interview can significantly influence charging decisions. Early representation allows your solicitor to review available evidence, advise on interview strategy, and protect your legal position.
You should avoid discussing the allegation with the complainant and preserve any messages or communications that may later be relevant.
The Importance of Early Legal Advice
Non-fatal strangulation is now treated as a serious offence under UK law. Even in cases involving relationship disputes or conflicting accounts, the consequences can be significant.
Understanding the legal definition, the evidential requirements, and the available defences is critical.
If you are facing allegations, obtaining specialist criminal defence advice at the earliest opportunity can make a substantial difference to how your case progresses and its eventual outcome.