England & Wales · 2022
Domestic Abuse Act 2021, s.70 — Non-Fatal Strangulation
Protects: Anyone subjected to strangulation or suffocation.
Information only. This is not legal advice. Court procedures and the law change. Always confirm with a solicitor, Citizens Advice, or a domestic abuse advocate before acting.
Summary
Inserted s.75A into the Serious Crime Act 2015 creating the standalone offence of non-fatal strangulation or suffocation. Came into force June 2022. Up to 5 years' imprisonment. No need to prove injury.
Key provisions
Elements
Intentional application of pressure to the neck/airway, or otherwise affects ability to breathe.
Evidential significance
Recognised by research as a high-risk marker for future homicide. CPS guidance treats it seriously regardless of visible marks.
What this Act affects
The specific protective court orders and decision points this Act creates or feeds — with the exact statutory section.
Non-fatal strangulation / suffocation offence
s.75A Serious Crime Act 2015 (inserted by s.70 DAA 2021)Decision point: stand-alone charge — no injury needed. Treated as a high-risk indicator at MARAC and DASH; supports DAPO/restraining order and remand in custody.
- DAPO →
s.75A SCA 2015Strangulation allegation is near-automatic ground for a DAPN/DAPO.