New non-fatal strangulation offence comes into force in Northern Ireland

The Department of Justice said the new standalone offence strengthens the law and recognises the “serious harm” caused by this type of crime.

The Police Service of Northern Ireland (PSNI) described it as a “step forward in helping officers tackle the magnitude of the threat”.

Over the past ten years, from January 2013 to December 2022, seven people (six women and one man) in Northern Ireland were strangled to death.

“This is how quickly non-fatal strangulation can turn incredibly sinister and have fatal consequences,” said the PSNI.

The new stand-alone offence of non-fatal strangulation has been introduced through the Justice (Sexual Offences and Trafficking Victims) Act (Northern Ireland) 2022.

It carries maximum sentences of two years’ imprisonment in the magistrates’ courts or 14 years in the Crown Court.

The offence will apply to any case where intentional asphyxiation or strangulation occurs. Where it results in serious harm, the fact that the victim consented in the context of a sexual act will not be a defence.

The offence will also apply where strangulation or suffocation is committed abroad by a Northern Ireland national or by a person who is habitually resident in Northern Ireland, as if the offence had happened in Northern Ireland.

Richard Pengelly, CB, Permanent Secretary at the Department of Justice said “This new offence provides greater protection for victims and seeks to address the seriousness of this type of offending behaviour.

“This crime can affect anyone and can occur in a number of circumstances. However, there are those who use strangulation and asphyxiation to exert control and fear in others, including in cases of domestic abuse. Research shows that this type of abuse is eight times more likely to result in domestic homicide.

“No matter the circumstances for this behaviour occurring and whether harm is intended or not, the consequences can be far reaching. In recognition of the serious harm it causes, this new offence carries greater penalties than were previously available and today marks another step forward in making our community safer.

“I am grateful to justice partners in the PSNI, Public Prosecution Service (PPS) and Northern Ireland Courts and Tribunals Service for their work to bring this new offence into operation. I would encourage anyone who suffers this type of crime to report it and seek support.”

The PSNI said before this legislation, investigating police officers would have to provide evidence of intent to commit an indictable offence.

“For example, if someone had been strangled in what was believed to be a sexually-motivated attack, the officer would have to show that the perpetrator intended to commit sexual assault before they could pursue prosecution,” it said.

“Now, this new legislation means that if you do anything that does or could restrict someone’s breathing in any way you should be prepared to face a prison sentence for this offence alone. Non-fatal strangulation includes; any part of your body or another object such as a ligature like a scarf or belt, chokeholds or headlocks, hanging, drowning or smothering.

“Strangulation and suffocation can also at times, leave no visible injury, making it previously even more difficult to prosecute. This new legislation will take into consideration the emotional impact, trauma and fear that the victim experiences.”

Senior PSNI officers described this as a “step forward in helping officers tackle the magnitude of the threat.”

Over the past ten years there were nearly 164,000 domestic abuse offences recorded by the PSNI. This includes those who reported having been strangled by their abuser.

Detective Superintendent Lindsay Fisher explained: “On average, between ten to 12 per cent of reporting domestic abuse victims have experienced non-fatal strangulation, placing them at the highest risk.

“In fact, studies have shown that in domestic abuse settings, victims are eight times more likely to be murdered by their partner if they have previously strangled them.

“Non-fatal strangulation, can very quickly turn fatal. This change in legislation is very much welcomed by the PSNI as a stronger tool in the armoury that we use to support victims and save lives.”

The PSNI said it was a “complex offence” and there are many different signs and symptoms that may be present following this offence. It has already trained 1,560 officers in using this new legislation.

Awareness raising across the PSNI’s social media channels will begin from this week with a specific focus on sexually-motivated strangulation and domestic abuse.

Det Supt Fisher added: “It is common for strangulation to leave no visible signs of injury and consequences can be delayed by days or weeks. These include stroke, cardiac arrest, miscarriage, incontinence, seizures, memory loss and long-term brain injury.

“Consciousness can be lost after as little as four seconds. Blocking the jugular vein can take less pressure than opening a can of coke. Loss of consciousness indicates at the very least, a mild brain injury and many victims lose control of their bladder and bowels.

“Often strangulation is glorified as a gratifying act for both parties in pornography and young people in particular are susceptible to thinking this could be a fun, ‘consensual’ act to spice things up. However, the reality is far from the case. Consent to rough sex is no longer a defence.

“We will be working with partners over the next year to raise awareness and make this clear to potential perpetrators.”

Sarah Mason, chief executive officer of Women’s Aid Federation NI said:  “Non-fatal strangulation is the ultimate act of control by a perpetrator to exert power and to instil fear.

“It a lethal form of assault very common within cases of domestic abuse, therefore making it very gendered in nature with the majority of victims of this crime being women.

“Women’s Aid are glad to see this much needed change to legislation in Northern Ireland. It is important that all organisations not just those within the criminal justice sector understand the high risk indicators there are for non-fatal strangulation survivors and the link there is to domestic homicide.

“This offence will require a multi-agency response to address the severity of the crime and understand the links between strangulation, domestic abuse and homicide.”

PPS Senior Assistant Director and Victims’ Champion Marianne O’Kane said: “Non-fatal strangulation is a terrifying form of violence. It is often used as a means of control and intimidation, commonly used but not limited to domestic abuse cases. It can happen to anyone, though women and girls make up the great majority of victims.

“The creation of this new offence underlines the seriousness of this behaviour, assists prosecutors in bringing perpetrators to justice, increases available sentences and offers greater protection to victims.

“Non-fatal strangulation is often colloquially known as ‘choking’, which does not reflect the gravity of this behaviour – even low pressure applied to a person’s neck for a short time can have dangerous consequences and potentially result in death.

“In domestic abuse cases it is recognised as being a very high-risk factor of escalating violence that can result in loss of life.

“This offending presents complex challenges for police and prosecutors. In about 50 per cent of cases, non-fatal strangulation does not leave physical signs of injury, and the very serious consequences can be delayed.

“This legislation recognises the features of this type of violence, and strengthens the law in this area. A lack of visible injury does not mean we cannot prosecute these offences.

“Other evidence including the account of the victim, police body-worn camera footage, accounts from police and paramedics and any disclosures made to a victim’s friends and relatives can also be considered when we are building a case.”

Ms O’Kane said the PPS had put “significant resources” into ensuring prosecutors could implement the new legislation effectively.

“We have worked with our partners in the PSNI, and with other stakeholders and experts in this field, in order to prepare for this new legislation,” she said.

“Prosecutors have undertaken comprehensive specialist training and have been provided with detailed guidance. This has included training sessions hosted by a leading UK forensic physician, which highlighted the clinical features of non-fatal strangulation and its impact on victims.

“This training and guidance will equip prosecutors with the knowledge and skills to identify and prosecute cases of non-fatal strangulation effectively and sensitively.”

Ms O’Kane also made an appeal directly to victims: “We want to send a clear message to victims that they are not alone. This behaviour is dangerous, and if you suffer it, you are at high risk of even more serious future harm.

“Please understand how serious this is and do not delay in reporting the offending to the PSNI. We are committed to prosecuting those who carry out these dreadful offences and securing a criminal justice outcome for victims where we have the evidence to do so.”