Non-Fatal Strangulation Under the Domestic Abuse Act 2021 – Understanding the offence
In recent years, there has been a growing recognition of the seriousness of non-fatal strangulation and suffocation in the context of domestic abuse. Section 70 of the Domestic Abuse Act 2021 marked a significant milestone by introducing a standalone offence of strangulation or suffocation, aimed at closing a critical gap in the law. Prior to this, such acts were often prosecuted under more general offences, which did not always reflect the gravity or unique nature of the conduct involved.
This change in the law has had a clear and measurable impact. According to a recent update from the Crown Prosecution Service (CPS), charges for strangulation offences are at a record high—an indication that both awareness and enforcement efforts are increasing. The CPS has also issued a public call to encourage victims and witnesses to come forward, reinforcing the message that these acts are serious crimes, not just warning signs or minor assaults.
In this blog, we explore the legal definition of non-fatal strangulation and suffocation, how the offence is prosecuted, and what those accused should know about their rights under the law.
What is Non Fatal Strangulation?
Non-fatal strangulation refers to the act of intentionally restricting another person’s ability to breathe, speak, or circulate blood by applying pressure to their neck, throat, or chest, without causing death. Allegations often arise in domestic settings and can be made alongside other offences which fall under domestic abuse such as; Controlling and Coercive Behaviour.
What is the maximum sentence for Non-Fatal Strangulation
In England and Wales, the maximum sentence for the offence of non‑fatal strangulation or suffocation under Section 75A (as inserted by Section 70 of the Domestic Abuse Act 2021) is 5 years’ imprisonment when convicted on indictment in Crown Court.
There is also a summary conviction route in Magistrates’ Court: in those cases, the maximum penalty is up to 12 months’ imprisonment, or an unlimited fine, or both.
Additionally, there are aggravated versions of the offence (racially or religiously aggravated non‑fatal strangulation or suffocation), which carry a higher maximum sentence of 7 years’ imprisonment on indictment.
10 steps to take if you are accused of non – fatal strangulation
Seek legal representation immediately
Do not attempt to navigate the legal process alone, early legal advice can have a major impact on the outcome of your case and obtaining advice from specialist lawyers in this area can have a profound difference on the outcome of your case.
Do not contact the alleged victim
Avoid any direct or indirect communication with the complainant. Attempting to contact them may be seen as intimidation or interference with the investigation and could lead to further charges or breach of bail conditions.
Exercise your right to remain silent until you have obtained legal advice
Do not feel pressured to talk to the police without legal representation present. It is important in such serious situations to preserve and protect your legal position. Many people think that requesting legal representation makes them look guilty, it does not.
Preserve and evidence that may support your defence
Keep any potential evidence safe—such as messages, call logs, CCTV footage, or witness details—that may help to clarify the context or undermine the allegations.
Understand the nature of the allegation
Non-fatal strangulation does not require visible injuries. It is defined by the act of applying pressure to the neck or obstructing breathing or blood flow intentionally. Ensure you have an understanding of what you are being accused of, this will in turn help you and your legal team build your defence.
Prepare for bail or remand hearings
You may be held in custody or released on bail with conditions. Be ready to comply with any restrictions, such as staying away from the complainant. At Eventum Legal are priority will be to ensure you are not remanded in such cases, and that bail conditions are fair.
Do not discuss your case on social media
Avoid posting or commenting about your case online. Public statements—even indirect ones—can be used against you in court and may complicate your defence.
Gather Character References
If the case proceeds to trial or sentencing, character references from employers, community members, or others who can speak to your behaviour and reputation may assist in presenting a fuller picture to the court. We provide full and informed guidance on how to collect character references, who you can obtain them from and what we would expect to see in a character reference for criminal proceedings.
Cooperate with your legal team
Be honest and open with your Lawyer. The more accurate and detailed the information you provide, the better they can advise and represent you throughout the legal process. Your lawyers have a duty of confidentiality, they will work with you to ensure your defence is strongly advanced.
Understand the Possible Outcomes
Depending on the evidence and nature of the defence, outcomes may include No Further Action, caution, conviction, or plea bargaining. Your legal team will guide you on the best strategy and explain the implications at each stage.
How Eventum Legal Can Help
Allegations of non-fatal strangulation are serious and complex. Whether you believe the accusation to be false, exaggerated, or based on misunderstanding, it’s essential to respond appropriately and legally. With proper representation and a proactive approach, you can ensure your rights are protected and your case is handled fairly.
At Eventum Legal our team experience allegations of non fatal strangulation on a regular basis with often positive results for our clients. We are able to navigate the law, put into place a clear strategy and to guide you through the process so the correct decisions are made.
You can contact us for a free initial telephone conversation on 0161 706 0602. Alternatively you can leave a call back request and a member of our team will contact you.