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Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 4 May 2021
  6. Current session: 13 May 2021 to 17 January 2026
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Displaying 1331 contributions

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Criminal Justice Committee [Draft]

Non-fatal Strangulation

Meeting date: 21 May 2025

Liam Kerr

It does. We heard this morning that having a separate charge of rape shows the severity of the offence, but having that does not preclude other charges being prosecuted. Am I right that you could indict both a stand-alone offence of non-fatal strangulation and the common assault charge? You do not preclude one by having the other—or do you?

Criminal Justice Committee [Draft]

Non-fatal Strangulation

Meeting date: 21 May 2025

Liam Kerr

Is that something that the police could do of their own volition?

Criminal Justice Committee [Draft]

Non-fatal Strangulation

Meeting date: 21 May 2025

Liam Kerr

I am very grateful.

Criminal Justice Committee [Draft]

Non-fatal Strangulation

Meeting date: 21 May 2025

Liam Kerr

That begs a question. We heard earlier about a case in which the sentence was nowhere near either of those limits, although, obviously, that case will have turned on its own facts. Does the COPFS have any data on the typical sentence where non-fatal strangulation is proved or is part of the assault? If the data does not exist currently, can it be collated so that we, as a Parliament, can understand whether a new offence is needed in terms of sentencing ability?

Criminal Justice Committee [Draft]

Non-fatal Strangulation

Meeting date: 21 May 2025

Liam Kerr

Good morning. Detective Superintendent Brown, can you explain briefly for the committee’s understanding how an offence that is either solely of non-fatal strangulation or an offence that involves that behaviour would currently be investigated and prosecuted? I ask at least in part because of your earlier answer. Do you not already investigate all possible crimes, regardless of what will ultimately appear on the indictment?

Criminal Justice Committee [Draft]

Non-fatal Strangulation

Meeting date: 21 May 2025

Liam Kerr

I am very grateful. I have one final, very small question on that. I presume that adding a marker does not require legislation.

Criminal Justice Committee [Draft]

Non-fatal Strangulation

Meeting date: 21 May 2025

Liam Kerr

Yes—in order to collate the data.

Criminal Justice Committee [Draft]

Non-fatal Strangulation

Meeting date: 21 May 2025

Liam Kerr

Why would a stand-alone offence preclude the taking of all that evidence at the investigation stage?

Criminal Justice Committee [Draft]

Non-fatal Strangulation

Meeting date: 21 May 2025

Liam Kerr

Dr Forbes, you heard the evidence this morning that there is at least the argument that the current system fails victims. We have a charge of common assault with a kind of add-on of non-fatal strangulation, and the optics of that, for both the victim and the alleged perpetrator, are not good, because it downgrades the non-fatal strangulation aspect of the assault. The suggestion was that it would be better if the charge was common assault with non-fatal strangulation but to also have a stand-alone offence of non-fatal strangulation. Would that not be a better way to proceed? If not, why not?

Criminal Justice Committee [Draft]

Non-fatal Strangulation

Meeting date: 21 May 2025

Liam Kerr

The key point that I am getting is that you could not prosecute both. If there was a stand-alone offence, you could not indict both, because that would be prosecuting the same thing twice.