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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 October 2025
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Displaying 1245 contributions

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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.

Criminal Justice Committee [Draft]

Non-fatal Strangulation

Meeting date: 21 May 2025

Liam Kerr

I understand.

In your evidence, another reason that you gave for why we might not want to bring in a stand-alone offence relates to sentencing. That would be at the far end, of course, once the offence had been established. You suggested that the maximum sentence under the common law or DASA is significantly higher than it is in England and Wales.

Criminal Justice Committee [Draft]

Non-fatal Strangulation

Meeting date: 21 May 2025

Liam Kerr

The common-law sentence is unlimited, and the DASA sentence is up to 14 years.

Criminal Justice Committee [Draft]

Non-fatal Strangulation

Meeting date: 21 May 2025

Liam Kerr

On whom would the onus be to make that improvement?

Criminal Justice Committee [Draft]

Non-fatal Strangulation

Meeting date: 21 May 2025

Liam Kerr

I thank all the witnesses for coming to help us today. What we have heard already has been very powerful. I will turn to Professor White first but invite other panel members to indicate if they want to come in.

You sent a very helpful submission, Professor White, in which you said that there is a

“standalone offence in England and Wales”

and that having that

“has helped elevate awareness of the crime and improved the professional and public response”.

In Scotland, non-fatal strangulation can be dealt with under other offences. From reading around the subject and looking at the various submissions, it seems that Scotland could be thought of as leading on this issue. For example, I believe that the prosecution of non-fatal strangulation in Scotland is not contingent on there being an injury or any harm. What is the legislative gap that needs to be filled by having a stand-alone offence in Scotland? Might there be quicker and more effective ways that would achieve the outcomes but would not require a legislative fix, such as raising awareness, the suggestion that you made about bail conditions or having a better public response?

Criminal Justice Committee [Draft]

Non-fatal Strangulation

Meeting date: 21 May 2025

Liam Kerr

The point about data is an important one. My question, which I will throw open to Fiona Drouet, is, do we require a legislative fix or is there something that we could do that would be quicker and more effective?

Criminal Justice Committee [Draft]

Non-fatal Strangulation

Meeting date: 21 May 2025

Liam Kerr

I am very grateful. For the record, and for anyone watching, when you talked about DASA, you were talking about the Domestic Abuse (Scotland) Act 2018.

I will stay with you, Fiona McMullan, but I suspect that Fiona Drouet will want to come back in on this.

You talked, in your very persuasive evidence, about things being treated as incident based. Police Scotland’s concern in its evidence is that, if a stand-alone offence is created, it might lead to a detriment in so far as an incident might be treated as an isolated incident rather than as a course of conduct under the 2018 act. It also suggests that that could shift prosecution to a specific incident-based approach, which could lead to evidential issues. How do you respond to that? That would be of concern to the committee, were that to happen.