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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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.
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