From 26^th June 2023, a standalone offence of ‘Non-Fatal Strangulation’ came into force in Northern Ireland.  

Section 28 of the Justice (Sexual Offences and Trafficking Victims) Act (Northern Ireland) 2022 creates the offence of ‘Non-Fatal Strangulation or asphyxiation’.  Any person found guilty of this offence from 26^th June 2023 will be liable to be charged and prosecuted under the new provisions, with maximum penalties of 2 years imprisonment in the Magistrate’s Court or 14 years imprisonment if tried in the Crown Court.

Strangulation is the second most common method of female murder or ‘femicide’ in the UK.  Victims of non-fatal strangulation are 7 times more likely to be at risk of future fatal harm. There were an estimated 20,000 victims of these offences in UK in the last year.

Non-fatal Strangulation is recognised from research as a sign of escalating behaviour and a red flag in understanding future risk of murder or attempted murder. Although it doesn’t always leave physical marks this doesn’t detract from the serious nature of the offence. It is incredibly dangerous behaviour and has a serious impact on the physical and psychological wellbeing of the victim.

Our Family Law Partner, Claire Edgar comments;  “Until the creation of this new offence, cases of strangulation were difficult to prosecute as statutory limitations applied. Often, assault charges were pursued in Court instead, with such charges carrying lower maximum sentences.  The creation of a new offence of Non-Fatal Strangulation will help to address these problems and hopefully allow more cases of strangulation to be effectively prosecuted in Court. The new offence also sends a clear message to offenders about how this behaviour will be treated.”

For advice and assistance on domestic abuse, please contact Claire Edgar on cedgar@fhanna.co.uk or call 028 9024 3901