News/Blog

Non-Fatal Strangulation as a Standalone Offence - Why it’s Needed in Scotland

A common argument against making non-fatal strangulation a standalone offence in Scotland is that it’s already covered by existing law, namely common assault. However, this hasn’t stopped other serious crimes from being recognised in law - as highlighted below:

Stalking: Introduced as a standalone offence under the Criminal Justice and Licensing (Scotland) Act 2010.

• Prior to this, stalking was prosecuted as harassment and other common law offences. However, this was considered too broad and failed to capture the distinctive features of stalking - such as fixation, surveillance and obsessive patterns of behaviours. 

Assault on retail workers: Introduced as a standalone offence under the Protection of Workers (Retail and Age-Restricted Goods and Services) (Scotland) Act 2021

• Prior to this, assault on retail workers was prosecuted as general assault or threatening/abusive behaviour. However, these provisions did not account for the workplace context or the specific risks faced by frontline staff, leading to increased vulnerability.

Dog theft: Will become a standalone offence in 2026, following Royal Assent, under Dog Theft (Scotland) Act 2025

• Prior to this, dog theft was prosecuted under the common law offence of theft. However, this approach failed to recognise the emotional harm inflicted on owners and overlooked the status of dogs as companions and valued members of the family.

So why not non-fatal strangulation?

At EmilyTest, we have long called for NFS to become a standalone offence in Scotland - as it is in England, Wales, Northern Ireland and Ireland. Despite raising the matter with Government in 2021 and launching a petition in 2025, there has been no meaningful progress. It’s time for the Scottish Government to act, protect lives and deliver justice for victims/survivors.

Non-fatal strangulation is a dangerous, life-threatening crime, and it deserves to be treated as such. 

You can find out more about the petition and its status here.