What are the intentional strangulation sentencing guidelines?

In England and Wales, the offence of intentional strangulation was created by the Domestic Abuse Act 2021. Since coming into force on 7 June 2022, there have been key developments in the sentencing guidelines for this serious crime. A dedicated guideline is now in effect, ensuring a more consistent and robust approach to sentencing.

The offence carries a maximum sentence of five years' imprisonment. In December 2024, the Sentencing Council introduced a specific guideline for intentional strangulation and suffocation, replacing the earlier reliance on a 2023 Court of Appeal judgment. This new guideline provides a clear, structured process for judges to determine the appropriate sentence.

The sentencing framework for intentional strangulation

The sentencing process involves a stepped approach, considering the culpability of the offender and the harm caused to the victim.

Step 1: Culpability and harm

The court first assesses the offender's culpability and the level of harm caused, assigning it to a category.

Culpability factors:

• High culpability: Involves sustained or repeated acts of strangulation or suffocation, or the use of a ligature.
• Medium culpability: Covers cases that fall between high and lesser categories, where factors may balance each other out.
• Lesser culpability: May include a very brief incident with voluntary desistance, or excessive self-defence.

Harm categories:

• Harm Category 1 (most serious): Results in a severe physical or psychological injury that has a substantial and long-term effect on the victim's life.
• Harm Category 2: Covers other instances where harm is present, including psychological impacts, even if physical injuries are not visible. The guideline acknowledges the severe and justified fear of death inherent in the act of strangulation.

Step 2: Starting points and category ranges

After determining the culpability and harm, the court uses the corresponding category to find the starting point for the sentence. The guideline provides tables outlining these ranges.

• For example, a high-culpability, category 1 harm offence has a starting point of 3 years and 6 months' custody, with a category range of 2 years to 4 years and 6 months.
• For a lesser-culpability, category 2 harm offence, the starting point is 1 year's custody, with a category range of a high-level community order to 2 years and 6 months' custody.

Step 3: Aggravating and mitigating factors

The court will then adjust the sentence by considering additional factors that may increase or decrease the seriousness of the offence.

Aggravating factors (non-exhaustive list):

• Previous history of violence, especially if it involved strangulation.
• The presence of a child or children during the offence.
• The attack being carried out in the victim's home.
• Abuse of power or position.
• The victim being particularly vulnerable.

Mitigating factors (non-exhaustive list):

• Genuine remorse.
• Age or immaturity of the offender.
• The offender voluntarily desisting from the strangulation.

The importance of legal representation

Given the severe nature of the offence and the complexities of the sentencing guidelines, anyone facing an intentional strangulation charge needs expert legal representation. The sentencing guideline makes it clear that a custodial sentence is the ordinary outcome, except in exceptional circumstances.

At JD Spicer Zeb, our criminal defence solicitors are highly experienced in navigating these complex cases. We can help assess the specifics of your situation, build a robust defence, and advocate for the best possible outcome. If you require legal advice regarding an intentional strangulation charge, contact us for a confidential consultation.

Contact our criminal defence solicitors now

If you have been accused of a criminal offence, are due to attend the police station for interview, or require any urgent specialist advice or immediate representation, please do not hesitate to get in touch.

You can contact a member of our dedicated team of criminal lawyers in London, Birmingham, and Manchester by telephone on:

• Brent & Camden London Office: 020 7624 7771
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• City of London: 0207 624 7771, our senior Solicitors and Partners can meet by appointment in the City.

Or email: solicitors@jdspicer.co.uk