19-05-2025
Crown Office fears over new non-fatal strangulation law
The committee is currently considering a petition from Fiona Drouet, whose daughter Emily took her own life after being slapped and choked by her partner, Angus Milligan.
They are due to hear from Ms Drouet, as well as prosecutors and police and independent experts on Wednesday.
Scotland is the only part of the UK without specific legislation. Westminster recently amended the Domestic Abuse Act to introduce a standalone offence of strangulation or suffocation in England and Wales.
In her petition to the Scottish Parliament, Ms Drouet told MSPs that non-fatal strangulation was 'a significant predictor of homicide in abusive relationships, with victims being eight times more likely to be killed'.
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Dr Emma Forbes, National Lead for Domestic Abuse at COPFS, told the committee: 'Scots law currently criminalises non-fatal strangulation and there is not a gap in the law that was present in the other identified jurisdictions to necessitate a standalone offence of non-fatal strangulation.
'Scotland does not need to replicate other jurisdictions in creating a standalone offence to 'keep pace'; rather, it should reflect the fact that other jurisdictions are catching up with the Scottish approach.
'This is not a rationale to stand still, and there remains significant work to ensure an effective and robust criminal justice response to non-fatal strangulation.'
Dr Forbes warned that introducing a standalone offence could mean such incidents would not be included as part of the pattern of abuse under the Domestic Abuse (Scotland) Act (DASA), making it harder to build a comprehensive case and secure convictions.
She said the current law in Scotland already provides 'unlimited sentencing power where the offence is prosecuted as a common law offence and a maximum sentence of 14 years when prosecuted as part of a DASA charge'.
'There is no requirement to prove any injury or harm as a result of the strangulation provided it is intentional,' she said.
Police Scotland expressed similar concerns. While acknowledging the severity of non-fatal strangulation, officers warned that creating a new offence could 'minimise opportunities to build a DASA case'.
Assistant Chief Constable Steve Johnson told the committee: 'From an investigative perspective, all evidential opportunities would be considered at every incident of non-fatal strangulation — such as a forensic medical examination to document injuries, along with scenes of crime officers seizing evidential samples and photographing injuries.
'The severity of the incident would be supported by a statement from a medical professional, which would influence the charge libelled.'
However, he warned that treating non-fatal strangulation in isolation or presenting it to the court as a single incident 'could minimise opportunities to build a DASA case — to truly reflect the abuse experienced by a victim or survivor and the risk presented by a perpetrator'.
The ACC stressed that non-fatal strangulation is already captured by existing offences, but said more must be done to improve public awareness.
'There is a need for a greater societal awareness on the use of non-fatal strangulation by perpetrators — not just in the context of offending, but including the psychological harm that it can cause, and its use as a tool by perpetrators in wider patterns of abuse.'
The committee is also due to hear from Professor Cath White, Medical Director of the Institute for Addressing Strangulation, who supports creating a standalone offence due to the extreme psychological and physical harm involved.
She cited research showing that more than half of women killed by a partner had previously been strangled.
'It is well recognised that non-fatal strangulation can quickly have devastating consequences — including stroke, carotid artery dissection, nerve damage, with minimal force. In addition to any neurological or vascular damage leading to possible cognitive and behavioural changes, there is also the potential for significant psychological trauma.'
She added: 'There is increasing recognition of the increase in suicide by those subjected to domestic abuse, including non-fatal strangulation.
'My belief is that by making non-fatal strangulation a stand-alone offence, it raises awareness of the crime amongst professionals — health as well as criminal justice — and the public, making it more likely that it will be treated with the seriousness that is required.'
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Ms Drouet's daughter Emily met Milligan at Aberdeen University's Hillhead halls of residence. Within weeks, she was being regularly physically and verbally abused.
Her family, unaware of the violence, only saw a photograph of her injuries after she died by suicide in March 2016.
At Aberdeen Sheriff Court, Milligan admitted choking the 18-year-old, pushing her against a desk and slapping her eight days before her death.
He was seen on CCTV leaving her room minutes before she was found dead.
Sheriff Malcolm Garden branded Milligan 'controlling and ultimately violent', but said he was powerless to jail him.
Milligan was sentenced to 12 months' supervision and ordered to carry out 180 hours of unpaid work as part of a community payback order — later reduced to 120 hours.
