Treat non-fatal strangulation as equivalent offence to attempted murder

Amend section 75A of the Serious Crime Act 2015 so that non-fatal strangulation is treated as seriously as attempted murder, reflecting the intent and potential lethality of the act and ensuring perpetrators face appropriate sentencing of up to life in prison.

Non-fatal strangulation is one of the strongest predictors of homicide and can cause life-altering injuries days or weeks later. We believe survivors are often left without justice as the severity and intent of the act is minimised. Treating this offence as equivalent in seriousness to attempted murder would better reflect the reality of the violence, improve victim protection, and act as a stronger deterrent.

The Government is clear that non-fatal strangulation and suffocation are serious offences. We recognise the profound physical and psychological harm these acts can cause, as well as the growing body of evidence that non-fatal strangulation can be a significant indicator of coercive control, escalating abuse and future risk, including the risk of homicide.

We recognise the concerns raised by campaigners, victims, survivors and specialist organisations, many of whom argue that the seriousness of non-fatal strangulation is not always fully understood and that these offences can have life-changing consequences even where there is limited visible injury. We are grateful to those who continue to raise awareness of these harms and advocate on behalf of victims.

That is why there is a specific offence of strangulation or suffocation was introduced under section 75A of the Serious Crime Act 2015 (the 2015 Act), which came into force in June 2022. The offence was introduced to capture a range of behaviours that interfere with a person’s ability to breathe. Importantly, it enables prosecutors to pursue serious charges even where there may be little or no external evidence of injury, reflecting the inherent dangerousness of this conduct.

The Government acknowledges the argument that non-fatal strangulation should be treated in law as equivalent to attempted murder. However, attempted murder is a distinct offence that requires proof that the offender intended to kill. By contrast, the offence under section 75A of the 2015 Act criminalises the intentional act of strangling or suffocating another person, regardless of whether there is evidence of a specific intent to kill. These offences therefore address different forms of offending and culpability, and it remains important that prosecutors and courts can distinguish between them based on the evidence in each individual case. Where a murder involves strangulation, this is also a statutory aggravating factor for sentencing purposes, meaning the court must treat the offence as more serious when determining the appropriate sentence.

The independent Crown Prosecution Service is responsible for making charging decisions based on the facts and evidence available. Depending on the circumstances, conduct involving non-fatal strangulation may be charged as an offence under section 75A of the 2015 Act, but more serious charges, including grievous bodily harm or attempted murder may be appropriate where supported by the evidence. Where a person is convicted of an offence under section 75A of the 2015 Act, courts also have regard to sentencing guidelines which recognise the serious and inherently dangerous nature of strangulation.

The Government will continue to engage with campaigners, consider emerging evidence and monitor the operation of the offence as part of our wider work to tackle violence against women and girls and domestic abuse. We remain committed to ensuring that the criminal justice system responds robustly to these offences and provides appropriate protection for victims.

Ministry of Justice