The independent Sentencing Council has today published a new guideline for judges and magistrates sentencing strangulation and suffocation offences in England and Wales.

The offence of strangulation or suffocation and its racially or religiously aggravated version are very serious offences that are highly dangerous to victims. The offences were created by the Domestic Abuse Act 2021 and came into force on 7 June 2022. They are often committed in the context of domestic abuse but can be carried out in any circumstances. The victim does not have to suffer any physical injury for the offence to have been committed. A brief episode can involve a risk of death or serious injury.

• Strangulation occurs when a person intentionally strangles or affects their victim’s ability to breathe, for example by applying hands to the throat and neck, using a headlock or placing a ligature around the neck.
• Suffocation occurs when a person uses unlawful force on a victim that affects the victim’s ability to breathe, for example by putting a hand over the victim’s mouth.

The guideline applies to both the simple offence of strangulation or suffocation and the racially or religiously aggravated offence. The aggravated offence has a statutory maximum sentence of seven years’ custody. There is a statutory maximum of five year’s custody for the non-aggravated offence.

The purpose of the guideline, which has been subject to public consultation, is to make sure that those who seek to harm others in this way receive sentences that reflect the seriousness of these offences.

The courts will start using the new guideline when it comes into effect on 1 January 2025. It will apply to all offenders aged 18 and over who are sentenced on or after that date.

There is currently no sentencing guideline for these offences and courts are applying principles from a Court of Appeal judgment. The guideline consolidates aspects of that judgment into a guideline format, using the Council’s stepped approach to determine the culpability of the offender and the harm to the victim.

Her Honour Judge Rosa Dean, leading on the guideline for the Sentencing Council, said:

“Strangulation and suffocation are very serious offences that create a real and justified fear of death. Victims can experience extreme terror and a high degree of psychological harm, even where no physical injuries are visible.

“This new sentencing guideline from the Sentencing Council recognises the inherent harm to the victim of these offences. It makes sure that judges and magistrates have clear guidance so that all cases where strangulation or suffocation has occurred are sentenced in an appropriate and consistent manner.”

Notes to Editors

1. Her Honour Judge Rosa Dean is available for interview.
2. Embargoed copies of the guideline and the Council’s response to the recent consultation on the draft guideline are available on request.
3. The Government introduced specific offences of strangulation and suffocation under the Domestic Abuse Act 2021 to allow for perpetrators 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)(ba)) in the Crime and Disorder Act 1998, creating the racially or religiously aggravated version of the offence.
4. The offences were introduced as part of the Government’s Violence Against Women and Girls Strategy 2021 and came into force on 7 June 2022.
5. The Court of Appeal judgment in R v Cook [2023] EWCA Crim 452 set out the approach to sentencing these offences until such time as a sentencing guideline was available.
6. Sentencing guidelines must be followed, unless the court is satisfied that it would be contrary to the interest of justice to do so in all the circumstances of a particular case.
7. Guidelines set sentencing ranges within the maximum for the offence as set out in current legislation.
8. The Sentencing Council was established by Parliament to be an independent body, but accountable to Parliament for its work which is scrutinised by the Justice Select Committee. Justice Ministers are accountable to Parliament for the Sentencing Council’s effectiveness and efficiency, for its use of public funds and for protecting its independence. Judicial Council members are appointed by the Lord Chief Justice with the agreement of the Lord Chancellor. Non-judicial council members are appointed by the Lord Chancellor with the agreement of the Lady Chief Justice.
9. For more information, please contact Phil Hodgson, Sentencing Council Press Office, on 020 7071 5792 or email pressoffice@sentencingcouncil.gov.uk