New Sentencing Guidelines for Strangulation and Suffocation Offences

As of yesterday, 1st January 2025, specific guidance has been issued by the Sentencing Council for judges and Magistrates sentencing defendants convicted of non fatal strangulation and suffocation offences.

Sentencing guidelines exist for most offences, their purpose is to ensure a consistent and proportionate approach when sentencing offenders, creating a fairness in criminal proceedings. Prior to the introduction of the specific sentencing guidelines for non fatal strangulation and suffocation offences the court relied on a Court of Appeal judgement in the case of R v Cook [2023] EWCA Crim 452, where it was indicated that an immediate custodial sentence would be appropriate in such cases, with a starting point of 18 months imprisonment.

The Government introduced specific offences of strangulation and suffocation under the Domestic Abuse Act 2021 to allow for suspects to be charged and prosecuted with a sufficiently serious offence even in the absence of physical injuries. Section 70(1) of the Domestic Abuse Act 2021 inserted section 75A in the Serious Crime Act 2015, which created an offence of strangulation or suffocation. The 2021 Act also inserted a new section (section 29(1)(b) (a) in the Crime and Disorder Act 1998), creating the racially or religiously aggravated version of the offence.

The New Guidelines for Non Fatal Strangulation and Suffocation

	Category A	Category B	Category C

Harm 1	Starting Point: 3 years 6 months custody	Starting Point: 2 years 6 months custody	Starting Point: 1 year 6 month custody
	Category Range: 2-4 years 6 months custody	Category Range: 1 year 6 months custody - 3 years 6 months custody	Category Range: 1 years custody - 3 years custody

Harm 2	Starting Point: 2 years 6 months custody	Starting Point: 1 year 6 months custody	1 years custody
	Category Range: 1 year 6 months custody - 3 years 6 months custody	Category Range: 1 years custody - 3 years custody	High level community order - 2 years 6 months custody

Harm

When sentencing a defendant the court will firstly be required to establish the harm caused to the complainant. Harm is separated into two categories, level 1 harm caused is the most serious and would put a defendant in the higher sentencing brackets.

Harm Category 1 - A category 1 offence results in a severe physical injury or psychological condition which has a substantial and long-term effect on the victim’s ability to carry out their normal day-to-day activities or on their ability to work.

Harm Category 2 - All other cases

Culpability

The guideline defines culpability as follows:

Category A

Sustained or repeated strangulation or suffocation
Use of ligature

Category B

Cases falling between category A or C because:

Factors in both high and lesser categories are present which balance each other out; and/or
The offender’s culpability falls between the factors as described in high and lesser culpability

Category C

Fleeting incident and voluntary resistance
Excessive self-defence
Mental disorder or learning disability, where linked to the commission of the offence

The guideline goes on to consider factors increasing seriousness and factors reducing seriousness, referred to as aggravating and mitigating factors. These factors will be considered in each case and can vary dependent on the circumstances of the offending and the personal circumstances of the defendant.

Aggravating Factors

Statutory Aggravating Factors:

Previous convictions, having regard to a) the nature of the offence to which the conviction relates and its relevance to the current offence; and b) the time that has elapsed since the conviction
Offence committed whilst on bail
Offence motivated by, or demonstrating hostility based on any of the following characteristics or presumed characteristics of the victim: disability, sexual orientation or transgender identity

Other Aggravating Factors:

Offence committed in domestic abuse context
Victim isolated and unable to seek assistance
Offence was committed against person providing a public service, performing a public duty or providing services to the public
History of violence or abuse towards victim by offender
Victim pregnant at time of offence
Presence of children
Gratuitous degradation of victim
Abuse of trust or power
Any steps taken to prevent the victim reporting an incident, obtaining assistance and/or from assisting or supporting the prosecution
Commission of offence whilst under the influence of alcohol/drugs
Offence committed whilst on licence or post sentence supervision
Failure to comply with current court orders

Factors Reducing Seriousness and Potentially Mitigate a Defendant's Position

No previous convictions or no relevant/recent convictions
Remorse
Good character and/or exemplary conduct
History of significant violence or abuse towards the offender by the victim
Age and/or lack of maturity
Mental disorder or learning disability, where not linked to the commission of the offence
Sole or primary carer for dependent relative(s)
Pregnancy, childbirth and post-natal care
Determination and/or demonstration of steps taken to address addiction or offending behaviour
Serious medical conditions requiring urgent, intensive or long-term treatment
Difficult and/or deprived background or personal circumstances
Prospects of or in work, training or education

Non Fatal Strangulation Lawyers

Our team have a proven track record of successfully defending suspects accused of non fatal strangulation and/or suffocation. We apply a specialist and pro-active approach during police investigations by taking part in pre-charge engagement with the investigating police force, working with our client to advance their defence before charges are considered by the CPS. Also during court proceedings, working towards stopping a prosecution or reaching not guilty verdicts for our clients.

We offer a free initial consultation where we will discuss your case with you, your background and personal circumstances. Following our discussions our lawyers will put into place a carefully planned strategy to protect your position, legal rights and interests.

If you have been accused of an offence of non fatal strangulation or suffocation, let our team help you.

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What To Expect At A Pre-Trial Review

By Jessica Wilson • April 22, 2025

Has your case been listed for pre-trial review? Are you concerned about what the hearing may entail? Our team have put together this short fact sheet which provides some guidance as to why a pre-trial review may be listed and what happens in the courtroom. Pre-trial reviews are not always necessary, however in cases which may have complex issues, be anticipated to be lengthy trials, or issue have arisen during trial preparation between the parties, then a pre-trial review is likely to be required. What is a Pre Trial Review? A pre-trial review is exactly what the name suggests, it is an opportunity for the court review the case prior to trial. The judge will ensure that both parties have met previous directions set by the court, and that there is no outstanding issues or reasons which may cause a delay to the trial. If there are any issues that have arisen between the parties they will be aired and the judge, where required, may set directions to the prosecution and defence with the aim being to resolve the problems, and to enable trial to begin and run effectively. Issues that can arise during trial preparation may include: 1. Applications to introduce bad character , this can be of the defendant or any other trial witnesses. 2. Applications to introduce hearsay evidence 3. Problems with witnesses 4. Delays caused by either part, where material should have been served and hasn't. 5. Applications for disclosure of documents which the defence may need and they are being withheld. Do I need to attend my pre-trial review? Yes, the defendant in a case is almost always required to attend their pre-trial review. It can also be useful for the defendant's attendance so that they can remain fully involved and aware of the process and decisions being taken in their case. You will not be asked any questions at the hearing but the judge may wish for you to acknowledge the outcome of the hearing and directions set, particularly if there is work for the defence team to carry out. Will my barrister attend my pre-trial review? You must always be represented at any court hearing. Our team take great pride in our meticulous preparation for all court hearings and your barrister would be instructed to attend your pre-trial review, with a detailed brief which would detail any issues we have with the prosecution or delays that are affecting our ability to prepare for trial. Do my witnesses have to attend my pre-trial review? No, your witnesses do not have to attend your pre-trial review. No evidence will be heard during the hearing, it is to establish readiness for trial only, resolve issues that could potentially cause delays, and to give the court confirmation that the current date listed for trial will be able to remain. How long does a pre-trial review hearing take? How long a pre-trial review hearing takes depends on the nature of the case and whether any issues require addressing by the judge. The court will usually want to process pre-trial review hearings quickly, and in sexual offence or domestic abuse cases the hearings can last anywhere from 10 minutes to one hour. How Eventum Legal can help Our team take a meticulous approach to trial preparation and will always be alert to any issues that could affect your case. We take a no stone unturned approach and we are not afraid to challenge decision of the CPS at hearings before the courts. We have select barristers which we work regularly with when defending sexual and domestic violence cases so you are provided with a strong and experienced team who are dedicated thorough preparation and presentation of your case. If you have a pre-trial review hearing approaching and are unrepresented, or feel that your current legal team are not making the progress required then contact us for a free initial consultation where we will assess your case, circumstances and the future of any court hearings.