Hansard

That brings us to the last of this morning’s new petitions. PE2136, on making non-fatal strangulation a stand-alone criminal offence in Scotland, has been lodged by Fiona Drouet.

We are joined in our consideration of this petition by our MSP colleague Tess White. Good morning, Ms White. I believe that you have been accompanied to the committee this morning by the petitioner, who is also in the gallery. Good morning. You will forgive me, but my eyesight is so bad that I have to assume that the petitioner is in the gallery.

The petition calls on the Scottish Parliament to urge the Scottish Government to make non-fatal strangulation a stand-alone criminal offence in Scotland. The SPICe briefing notes that in 2023, a publication on the prevalence of strangulation and suffocation found that one in four women accessing community and refuge services reported they had experienced strangulation or suffocation.

Other jurisdictions have introduced a stand-alone offence for non-fatal strangulation in recent years. England and Wales created a stand-alone offence of strangulation or suffocation, which came into force in June 2022. Northern Ireland created a new offence of non-fatal strangulation or asphyxiation, which came into force on 26 June 2023. Ireland created the stand-alone offence of non-fatal strangulation or non-fatal suffocation, which commenced on 1 November 2023.

The reason for introducing the stand-alone offence in all those countries has been noted as ensuring that perpetrators could be charged and prosecuted with a sufficiently serious offence, even in the absence of physical injuries.

The petitioner’s submission argues that Scotland must keep pace with those changes by introducing non-fatal strangulation as a stand-alone criminal offence. The Cabinet Secretary for Justice and Home Affairs has responded to the petition. Her submission states that the Scottish Government

“will give serious consideration to the Petition”,

and emphasises the importance of understanding how any new law would interact with the offence of domestic abuse. Scottish Government officials will continue to progress considerations in the area, including through discussions with operational partners.

The petitioner’s written submission states that the act of non-fatal strangulation

“can cause brain damage, organ failure, long-term physical and mental health problems and increases the risk of strokes and neurological disorders.”

The petitioner argues that establishing non-fatal strangulation as a stand-alone offence in Scotland

“will signal zero tolerance for such acts, ensure appropriate consequences for perpetrators, and enhance victim protection. It will also deter future harm and reinforce Scotland’s commitment to addressing domestic abuse.”

Colleagues may have seen a degree of press reporting over the weekend on issues similar to those raised by the petition.

Before I ask committee members for comments on what we might now do, I ask Tess White to offer her thoughts to the committee.