Criminal Justice Committee 21 May 2025
Our main item of business is an evidence session on non-fatal strangulation, which includes consideration of the issues raised by petition PE2136, in the name of Fiona Drouet, who joins us today. The petition calls on the Scottish Parliament to urge the Scottish Government to make non-fatal strangulation a stand-alone criminal offence in Scotland.
Non-fatal strangulation is not currently a stand-alone offence in Scotland. Instead, it is prosecuted under a range of criminal offences. As a result, data on the number of offences that have included an element of non-fatal strangulation in Scotland is not readily available.
Since June 2022, non-fatal strangulation has been a stand-alone offence in England and Wales, and legislation creating a new offence of non-fatal strangulation came into effect in Northern Ireland in June 2023.
As members are aware, the Scottish Government’s 2025-26 programme for government commits to carrying out
“a comprehensive assessment of the law in relation to non-fatal strangulation to determine if there is further action that needs to be taken beyond existing provisions in law that could be used to tackle this issue.”
We have two panels of witnesses with us this morning. First, I warmly welcome Fiona Drouet, who lodged the petition and is the chief executive officer and founder of EmilyTest; Fiona McMullen, the operations manager for Advocacy Support Safety Information Services Together; and Professor Cath White, the medical director at the Institute for Addressing Strangulation.
I refer members to papers 1 and 2, and I thank those who provided us with written evidence in advance of today’s session. I intend to allow an hour or so for this panel.
I will begin with a general opening question to get us started. Can you explain to the committee what the mental and physical impacts of non-fatal strangulation can be on victims in the short term and the longer term?