Sentencing Council introduces new guideline for strangulation and suffocation offences

 This move aims to ensure consistent and appropriate sentencing for these serious offences, often linked to domestic abuse but also occurring in other contexts.

Key details of the new guideline:

• Scope: Covers both the standard and racially or religiously aggravated versions of the offences, which were introduced by the Domestic Abuse Act 2021 and enacted on 7 June 2022.
• Nature of offences:
  • Strangulation: Intentionally restricting the victim’s ability to breathe, such as by applying pressure to the neck or using a ligature.
  • Suffocation: Affecting the victim’s breathing, such as by covering their mouth.
• Maximum sentences:
  • Five years’ custody for the non-aggravated offence.
  • Seven years’ custody for racially or religiously aggravated offences.

Importance of the guideline:

Her Honour Judge Rosa Dean, who led the guideline's development, highlighted the severity of these offences, noting:
“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.”

The guideline provides clarity for courts, building on principles established in a Court of Appeal judgment and adopting the Council’s structured approach to assess offender culpability and victim harm.

Expected impact:

• Reflects the grave psychological and physical harm caused by these acts.
• Ensures sentences align with the severity of the crime and the circumstances of each case.
• Offers consistency in sentencing across courts.

This new framework underscores the justice system’s commitment to addressing the dangers posed by strangulation and suffocation offences and their lasting impact on victims.