Non-Fatal Strangulation: What to Expect During a Criminal Investigation
Non-fatal strangulation and suffocation are offences in their own right which came into force on 7th June 2022 following the governments landmark Domestic Abuse Act 2021
and the Serious Crime Act (2015)
(SCA). The purpose of the new offences was to enable prosecutions to take place where it is alleged that the accused has strangled or intentionally affected the complainant’s ability to breathe.
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Section 70 Domestic Abuse Act 2021
(DA Act 2021) introduced the offences of non-fatal strangulation and non-fatal suffocation. Schedule 2, paragraph 4 DA Act 2021 introduced the offence of racially or religiously aggravated non-fatal strangulation or non-fatal suffocation.
Section 75A(1)(a) SCA 2015
is the offence of strangulation. The legislation does not provide a definition of ‘strangulation’ or ‘strangles’. A definition which may be applied is: the application of force or pressure by the defendant to the victim’s neck, whether using their hands or other means.
The common methods of strangulation are:
- manual – one or two hands held around the neck of a person
- chokehold or head lock – external pressure applied by an arm around the neck
- ligature – for example a scarf or belt tightened around the neck
- hanging
- pressure on the neck from a foot or knee
Section 75A(1)(b) SCA 2015
is
the offence of suffocation. The legislation does not provide a definition of ‘suffocation’. The word should be given its ordinary meaning which is to deprive a person of air which affects their normal breathing. This definition is wider than that of strangulation which requires pressure to the neck.
Methods of suffocation could include:
- putting a hand over the mouth and nose
- compressing the chest
- any other force or suppression applied to a person to cause a restriction of breath
The offences of non-fatal strangulation or non-fatal suffocation are not limited to instances of Domestic Abuse, and the Crown Prosecution Service can apply the charges to other scenarios that fall outside of a domestic setting.
Prior to the introduction of non- fatal strangulation suspects would typically be charged under s.47 of the Offences Against the Person Act
following a police investigation. This is likely to be the charge for offences alleged to have occurred before 7th June 2022.
23,817 offences of non-fatal strangulation and suffocation were
recorded between June 2022 and June 2023
(recorded police statistics)
Arrested for non-fatal strangulation
A criminal investigation
will begin with a complaint being made to the police, this can be a complaint by the alleged victim, or a person on their behalf. At Eventum Legal when dealing with cases of alleged domestic violence, it is not uncommon for us to see concerned family members or friends reporting abuse or raising concerns for another person’s safety.
Once the complaint has been raised it is very likely the police will locate and arrest the suspect, following which they will be taken to the police station to be interviewed. Having legal representation at any police interview is important, as your legal representatives we will always endeavour to extract as much information as possible from the investigating officer before you are questioned, enabling us to put you in the strongest position.
What happens after the Police Interview, will I be released?
In the majority of cases the suspect will be released after interview with strict bail conditions
in place which seek to restrict their contact with the complainant and any potential prosecution witnesses. Bail conditions in such cases can also prevent the suspect from attending a particular location or from going within a certain distance of a place.
In a small number of cases the police may seek an emergency charging decision from the CPS. If this is so the suspect will be kept in custody and taken to the Magistrates court
as soon as possible, usually the next day. The court may release the suspect on bail, or in serious cases, or where there are specific concerns about the suspect, they may remand into prison for the suspect to await trial.
What can I do during the investigation to help my case?
Police investigations can take a considerable amount of time, this is not uncommon in many criminal investigations and there are many reasons which can be case specific, or general reason such as police staffing levels and caseloads.
We always will strongly recommend any person who is subject to a police investigation to seek legal advice at the pre-charge stage
of the case, there is so much that can be done to defend your position prior to the CPS becoming involved in the case and we often see in many of the cases we deal with that the accused is often the person who has been subject to domestic abuse, whether that be emotional, financial or physical and has their story to tell.
Proactivity is key in all criminal investigations, the accused has two options, they can sit and wait and allow the police to build an investigation against them, or they can build their case with the involvement of specialist lawyers and present it to the police and the CPS where it will have a bearing on decisions made by them.
There are several considerations to have when preparing the approach to your defence which include:
- An assessment of any alleged injuries and medical evidence where applicable
- The date of the alleged incident and date on which is was reported to police, what has taken place in between?
- The background to the relationship
- Credibility of the complainant
- Any family law proceedings
- Child care arrangements and the potential of parental alienation
- Defence witnesses
How long Does a Police Investigation Last?
A police investigation on average takes 6-12 months, we are seeing this time increase particularly in complex cases or cases which require forensic examination. Understandably this waiting period is often the hardest time for the accused, waiting for decisions to be made and not knowing what is going on. Another advantage to having lawyers involved at this stage, is that we aim to provide our clients with clarity and support during the investigative stage, so they know exactly where they stand and what is going on.
How Eventum Legal Can Help You
If you are facing serious allegations of any form of domestic violence then our team can help. Being accused of a criminal offence can often cause feelings of stress, anxiety and loneliness. Taking a pro-active and robust approach at the pre-charge stage of a police investigation can have overwhelming benefits. We often find that the person accused of domestic violence is in fact the victim, we will work with you to explore your history, relationship with the complainant and to gather evidence which supports your defence.
Our team offer a free and confidential initial telephone call. We will take a background from you, discuss your personal circumstances and the allegations. We will put a tailored action plan in place and focus to giving you some control over the outcome of your case.
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Understanding the difference between “consent” and “reasonable belief” can be key if you are being investigated or prosecuted for a sexual offence, where these two issues can arise. These are not just technical legal terms; they are real-world concepts that can affect the outcome of serious sexual abuse cases. At Eventum Legal, our aim is to help people grasp these important ideas so that they know where they stand, whether they’re seeking justice, facing an accusation, or just wanting to be informed. Consent and the Law: What Does It Mean? When it comes to sexual activity, the law makes it very clear that “consent” isn’t just about saying yes or no. Consent means agreeing by choice, having the freedom and capacity to make that choice, and being able to change your mind at any time, even if the sexual activity has begun. The Sexual Offences Act 2003 states that a person consents if they agree by choice and have the freedom and capacity to do so. In practical terms, this means no one should be pressured, forced, or tricked into sex. If someone is too drunk, too scared, or otherwise unable to decide, they cannot legally give consent. This applies also to issues with mental capacity where someone may not have the understanding or ability to give informed consent. When establishing whether consent or reasonable belief applies, the courts examine everything that happened, how the people involved acted, what was said, their relationship, and whether any threats were made. It’s not about just hearing a yes or no, but about whether the agreement was truly given, freely and knowingly, at the time. Reasonable Belief: The Other Side of the Coin While “consent” focuses on the person on the receiving end of sexual activity, “reasonable belief” is about the perspective of the person accused of the crime. UK law says it’s not enough for someone to claim they thought the other person was consenting. The belief that consent existed must be reasonable; it must meet the standard of what a reasonable person would think in those circumstances. This comes down to two questions: did the accused genuinely believe the other person was consenting, and would a reasonable person, knowing what the accused knew and considering everything that happened, have reached the same conclusion? It’s not a defence to say, “I just thought it was okay,” if evidence, actions, or common sense didn’t back that belief up. Courts look at whether the accused checked for consent, paid attention to what was happening, and took steps to make sure everything was agreed upon. How the Law Applies These Concepts The distinction between consent and reasonable belief matters because everyone is responsible for ensuring that consent is present, not just assuming or hoping it is. The prosecution in a sexual offence case has to prove that there was no consent or that the accused did not have a reasonable belief that consent existed. To judge this, courts examine the context: Were both people sober and able to make decisions? Was there clear, positive agreement? Did one person ignore signs of hesitation or discomfort? In cases where someone is very intoxicated or unable to communicate, the law presumes that there is no consent, and it is challenging for anyone to claim a reasonable belief otherwise. However, where alcohol is in question the issue can become complex as we all have difference alcohol tolerances, what may be too drunk to one person, could be different to the other. Therefore, working to establish the intoxication and affect is crucial for lawyers in some cases. In cases where it can be proven that that someone was too drunk to speak or move, and the accused says they thought there was consent just because the person didn’t say “no,” the court is unlikely to accept that as reasonable. The law expects people to check in with their partner, look for positive signs, and stop if there’s any doubt. Clearing Up Common Myths Many misunderstandings exist about how consent and reasonable belief work in real life. One myth is that if someone doesn’t say “no,” they must have agreed. The absence of a “no” is not the same as a “yes.” Another myth is that if two people are in a relationship or have had sex before, consent is always assumed. Every sexual act requires consent, every time. Some people also believe that as long as they honestly thought there was consent, that’s enough. But the law sets a higher bar: the belief has to be reasonable, meaning it must be backed up by what happened and what a reasonable person would think. In our digital age, misunderstandings can easily happen through text or online communication. Courts are aware of this and look at all available evidence, including messages and social media, to determine what happened. Other avenues of evidence exploration can include CCTV footage and witnesses. Why These Legal Standards Matter The way UK law approaches consent and reasonable belief has changed over time. In the past, people could argue they had an “honest” belief in consent, even if it wasn’t reasonable. That changed with the Sexual Offences Act 2003, which now requires honesty and reasonableness. This protects people from harm and ensures that the law takes the experiences and choices of everyone involved seriously. These rules are designed to keep people safe and ensure everyone’s rights are respected. The law encourages open communication, respect, and responsibility. It expects everyone to look for clear signs of agreement and to stop if there is any doubt or hesitation. What To Do If You’re Involved In A Sexual Offence Case Suppose you’re facing a situation involving consent or reasonable belief and you as the accused want to prove that either of these legal requirements existed, then you must seek legal advice and engage with specialist lawyers who can navigate the complexities of the key legal issues in sexual offence cases. These cases can be stressful and complex, and every detail matters: what was said, what was done, and what steps were taken to ensure everyone agreed. At Eventum Legal, we specialise in helping people understand their rights and responsibilities. We listen, explain your options in straightforward language, and support you throughout the process, always with respect and confidentiality. Whether you’re seeking justice, defending your reputation, or simply want to know your rights, we’re here to help. Frequently Asked Questions What is the difference between consent and reasonable belief? Consent is when a person freely agrees to a sexual act. Reasonable belief is whether the accused genuinely and reasonably believed that consent was given, based on all the facts. Can someone be convicted if they misunderstood consent? Yes, if their belief in consent wasn’t reasonable. The court looks at the whole situation, not just what the accused thought. How can I protect myself or prove consent? Open communication and ensuring everyone is comfortable and willing are the safest approaches. If you’re worried about misunderstandings, keep records of conversations. Where can I get help or advice? Contact Eventum Legal for confidential, expert support tailored to your needs.
Have you been accused of breaching your SHPO, maybe by accident or knowingly? Speak to our specialist team.
