Solicitors specialising in defending allegations of non-fatal strangulation and suffocation (London & Manchester)
The offence of non-fatal strangulation is a relatively new offence which came into force by virtue of the Domestic Abuse Act 2021. Section 70 of the Domestic Abuse Act 2021 introduced the offences of non-fatal strangulation and non-fatal suffocation. Offences of racially or religiously aggravated non-fatal strangulation or non-fatal suffocation were also introduced. The offences came into force on 7 June 2022 and are not retrospective.
The Domestic Abuse Act has changed the landscape for the investigation and prosecution of domestic abuse offences. Investigations in relation to alleged domestic abuse incidents are on the increase; greater police resources are being made available and the definition of many offences is being widened. Frequently a complaint in relation to one incident can lead to a number of possible offences being considered by the police. As a consequence of the Domestic Abuse Act we are already seeing a change in approach and investigations becoming wider in terms of the potential offences under investigation.
Early indicators suggest that the offence of non-fatal strangulation is being used mainly in relation to domestic abuse investigations. The Olliers team of specialists has substantial experience in successfully representing clients facing allegations of domestic abuse.
Non-fatal strangulation and non-fatal suffocation
Section 70(1) DA Act 2021 inserted section 75A into Part 5 of the Serious Crime Act 2015 (SCA 2015) creating an offence of non-fatal strangulation (section75A(1)(a)) and a separate offence of non-fatal suffocation (section 75A(1)(b)).
The legislation states the following:
A person (“A”) commits an offence if:
- A intentionally strangles another person (“B”), or
- A does any other act to B that –
- affects B’s ability to breathe, and
- constitutes a battery of B.
Non-fatal strangulation
Section 75A(1)(a) SCA 2015 is the offence of non-fatal strangulation.
The legislation does not provide a definition of ‘strangulation’ or ‘strangles’. The word should be given its ordinary meaning which is the obstruction or compression of blood vessels and/or airways by external pressure to the neck impeding normal breathing or circulation of the blood. The offence applies where strangulation is non-fatal and consequently does not result in death of the victim.
Applying any form of pressure to the neck whether gently or with some force could obstruct or compress the airways or blood flow. Strangulation does not require a particular level of pressure or force within its ordinary meaning, and it does not require any injury.
Some dictionary definitions of the word “strangle” link the word to an intention to kill or the causing of death. The statute however does not require an intention to kill nor any link to death.
The common methods of non-fatal strangulation include:
- 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
For this offence there is no requirement to prove that “A” had an intention to cause injury to “B”. The relevant mental element is that “A” intended to commit the act of non-fatal strangulation. It requires an intentional act: the offence cannot be committed recklessly.
Non-fatal suffocation
Section 75A(1)(b) SCA 2015 is the offence of non-fatal 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 non-fatal strangulation which requires pressure to the neck.
Methods of non-fatal 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 above list is not exhaustive: the legislation is widely drafted and includes someone who ‘does any other act’. Accordingly, any action that causes a person to be deprived of air which affects their normal breathing could be considered to fall within the definition.
To complete the offence of non-fatal suffocation, it must be proven that an offence of battery has occurred. This legislation also does not provide a definition of battery. Its legal meaning is derived from case law: the intentional or reckless application of unlawful force to another person.
Therefore, the mental element of this offence is wider than non-fatal strangulation as it can be committed intentionally or recklessly.
Defences
Frequently allegations are denied. Many clients have an explanation for what is alleged. It is a defence to show that the alleged victim consented to the strangulation or other act. However, the defence does not apply if serious harm is suffered as a result of the strangulation or other act, and the suspect either intended to cause serious harm, or was reckless as to whether it would occur.
Sentencing
The Olliers’ strategy
Our experience means that we understand the complexity of cases involving allegations of domestic abuse. We appreciate that matters are rarely as straightforward as they may initially seem. In the first instance, investigators will inevitably have only one side to the story.
Allegations may date back over extended periods, they are rarely one-off events and they may be combined with allegations of physical, sexual, psychological, emotional or financial abuse. Frequently allegations of domestic abuse run alongside other issues between the parties, for example separation, divorce, issues in relation to children, finances or third-party relationships.
At Olliers, we understand the complexity of cases involving allegations of domestic abuse. We appreciate that matters are rarely as straightforward as may initially be presented by police or prosecutors who will inevitably have only one side of the story.
Pre-charge approach
We are frequently contacted by clients who have been asked to attend a voluntary interview. If a client was interviewed under arrest, we may be contacted once they are on bail or released under investigation. The pre-charge stage of the case is absolutely crucial. It is an opportunity for the defence to go on the front foot adopting a proactive approach to pre-charge engagement with investigators.
At Olliers, we will always look to make successful representations against charge and prevent clients being prosecuted in the first place. We look to engage with the police at an early stage of an investigation. We always consider whether we can make representations against charge, by arguing that there is not a ‘realistic prospect of conviction’ or that it is not in the public interest to prosecute.
Contact our specialist team
If you face an allegation of domestic abuse of any kind, it is important not to sit back and leave the police to investigate the matter. At Olliers we adopt a proactive approach during criminal investigations.
Please contact one of our specialist defence lawyers as soon as possible by completing the form below, telephoning 0161 8341515 (Manchester) or 020 3883 6790 (London) or by emailing info@olliers.com.
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