What is Non-Fatal Strangulation?

Written 5th January 2026 by Ruth Peters

The Duke of Marlborough this morning (5th January 2026) appeared before High Wycombe Magistrates’ Court charged with three allegations of non-fatal strangulation. It is alleged he strangled his estranged wife on three separate occasions at their home over a period of approximately twelve months. He indicated not guilty pleas to all three offences this morning and the case was adjourned to a further hearing at Oxford Crown Court on 5th February 2026.

We take a closer look at the offence of non-fatal strangulation and what it actually means.

What is non-fatal strangulation?

Non-fatal strangulation is a relatively new criminal offence in England and Wales, introduced in 2022 to strengthen domestic abuse law. This new law makes it easier to prosecute and punish strangulation as a standalone offence, even when the victim’s injuries might appear minor. “The offence of non-fatal strangulation was created by Section 70 of the Domestic Abuse Act 2021 taking effect on 7 June 2022. It fills a gap in the law by specifically criminalising strangulation and suffocation that do not result in death.

Non-fatal strangulation refers to strangling someone without killing them, typically as a form of violence or control. It has been recognised as a particularly dangerous form of assault often seen in domestic abuse situations.

Because strangulation often leaves little to no visible injury, perpetrators in the past could evade serious charges under existing laws like assault or actual bodily harm.

The law does not require proof of serious physical injury for a conviction. Intentionally strangling someone is an offence in itself, even if the victim has no obvious lasting injuries.

Is non-fatal strangulation a serious offence?

It’s important to note that “non-fatal” simply means the victim was not killed; it does not mean the act isn’t serious. Non-fatal strangulation is treated as a very serious offence by police and courts because of its potential to cause unconsciousness, lasting injury (e.g. neurological damage), or psychological trauma. Victims often recount fearing they would die during such an attack, and this inherent trauma is one reason the law imposes tough penalties.

Why has this case gone to the Crown Court?

Non-fatal strangulation is an ‘either way offence,’ meaning it can be tried in either the Magistrates’ Court or the Crown Court. In England and Wales, all cases start in the Magistrates’ Court. Less serious offences, like most motoring matters, remain there as summary-only offences. The most serious crimes, such as rape and murder, are indictable-only offences and go directly to the Crown Court. Either way offences may stay in the Magistrates’ Court or move to the Crown Court depending on their seriousness. Even if a case is deemed suitable for the Magistrates’ Court, a defendant can still choose a Crown Court trial.

What will happen at the next hearing?

The next hearing is on 5th February 2026 at Oxford Crown Court and will be a Pre-Trial Preparation Hearing (PTPH). On this date, The Duke of Marlborough will formally confirm his pleas to the allegations; most likely not guilty pleas, as he denies these offences. A trial date will be set, along with a timetable for submitting further evidence and for the defence to provide a defence statement outlining their case in more detail.

When will the trial date be?

There is currently a significant backlog of cases awaiting trial in the Crown Court. Figures reported in December 2025 indicate that over 79,600 criminal cases are now included in the courts backlog across England and Wales. The Crown Court backlog has remained at record levels since early 2023 and, according to the Ministry of Justice is projected to reach 100,000 by 2028. These delays result in both victims and suspects facing extended waiting periods. For some serious offences charged today, it is unlikely that cases will proceed to trial for many years. At Olliers we are seeing many cases listed for trial at the Crown Court in 2028 which is unacceptable for both victims and defendants.

What sentence would a defendant receive if convicted of non-fatal strangulation?

The maximum sentence in the Crown Court is five years in prison. Even lesser instances often lead to immediate custody due to the serious nature of the offence.

On 1st January 2025, a dedicated sentencing guideline for strangulation and suffocation offences came into effect. Under the new guideline, judges will typically start with a prison sentence in mind due to the inherent seriousness. Immediate custody is to be expected in most non-fatal strangulation cases, unless there are truly exceptional circumstances mitigating the offence.

Even before this official guideline, the courts had made it clear that this offence should usually result in jail time. As a potential client, it’s important to understand that if convicted, a prison sentence is likely.

The length of sentence will vary based on the circumstances. The court will take into account the following factors:

Was it a prolonged attack?
Were there any previous domestic abuse incidents?
Did the victim suffer any lasting trauma?
Was alcohol or a weapon involved?

All these aggravating features can increase severity. On the other hand, mitigating factors (such as no prior convictions, genuine remorse, or particular personal circumstances) can reduce the sentence.

How Olliers Solicitors Can Help

Olliers Solicitors is an outstanding criminal defence firm with many years expertise in handling serious criminal cases, including those connected to domestic situations. We know that being accused of something like non-fatal strangulation can be daunting, stressful and emotional. These matters are often more complex than they seem at first. We always make sure both sides of the story are considered, and your perspective is properly represented. If you’re facing an allegation of non-fatal strangulation, our team at Olliers will support you through every step of the process.

Pre-Charge Advice and Intervention

We understand how stressful it can be if you’re invited for a voluntary interview or arrested. That’s why it’s so important to seek legal advice right away and have a solicitor by your side. We specialise in pre-charge representation, and our dedicated team is here to support you from the very beginning; often intervening before any charges are made. Our lawyers will communicate with the police and CPS on your behalf, challenging weak evidence or advocating against prosecution when it isn’t in public interest.

Contact our specialist domestic abuse solicitors

If you are facing accusations of domestic abuse or non-fatal strangulation, please know that you do not have to navigate this difficult time alone. At Olliers, we understand how overwhelming and distressing these situations can be. By contacting us early, we can offer proactive support and guidance tailored to your needs. Our team is here to help. Contact us confidentially on 0161 834 1515 (Manchester), 020 3883 6790 (London), info@olliers.com or complete the enquiry form below for an initial conversation about how we can assist you with the next steps.