My Lords, I speak in support of Amendments 137 and 138 and pay tribute to my noble friend Lady Newlove and many others for their tireless work and campaigning. I, too, thank Julia Drown for her help and support, and I very much welcome the Government’s acknowledgement of this issue and thank Ministers for their support.
I stress that this is the right Bill for this offence: non-fatal strangulation is about fear, control and a toxic mix of physical and psychological abuse, and it is often done with the express intent and insidious subtlety of evading detection. As such, it can be protracted and cause lasting and even permanent harm. Crucially, the current law is letting victims down; this Bill is our chance to put that right and protect them.
Many other noble Lords have already spoken about the horrific nature of non-fatal strangulation, but the current problem of undercharging highlights that the true nature and intent of the crime is not fully understood. As always, context matters: the current narrow approach not only limits the sentencing options but has other serious consequences, as it impacts on future risk assessments and public protection decisions. These include future bail applications, sentencing decisions—including dangerousness determinations—and Parole Board decisions.
As the seriousness of the crime is not currently understood, neither, unfortunately, is the management of its consequences. This is particularly the case when it comes to contact arrangements for children. To protect the welfare of children, these arrangements should reflect the seriousness of the crime; unfortunately, they do not.
I am conscious that, to tackle non-fatal strangulation as effectively as possible, we need all relevant agencies to work together. Early intervention is needed to mitigate damage and even save lives. Unfortunately, current understanding of symptoms and consequences will likely lead to cases being missed and narrow or absent diagnoses offered. If those in the health service seeing patients with the relevant physical and psychological conditions are conscious of the links to non-fatal strangulation, the problem can be picked up earlier and the victims supported.
This would not only save the victims from further and more serious harm; it would also be better for society, as the earlier intervention would be easier and more cost-effective, compared with dealing with the horrific further abuse and deaths of victims. In many of these cases, this will be about protecting children as well as the victims themselves.
It is shocking that, in this country, thousands of victims experience the trauma of non-fatal strangulation every year. Given that the current criminal justice system is clearly not able to protect these victims, we cannot afford to let this Bill pass without addressing this issue. We all know how commitments to introduce something in a future Bill can get derailed through no fault of those making those commitments. There is a suggestion that this new offence could go in the police, crime, sentencing and courts Bill, but that is not the Bill before us now; it has not even started its journey in the other place, and it may well be delayed for months into the future.
We need to get this right, and there is no reason why this offence cannot be included in this Bill to get the victims the protection they need now. If we miss this opportunity to introduce this offence, many women will die, others will suffer unnecessarily and we will be behind most of the English-speaking world on domestic abuse protection.
The UK has been rightly proud of its leading role on the world stage on gender-based violence over many years; this amendment is needed to ensure that we stay ahead and do all we can to protect victims. Rather than have the uncertainties of a future Bill, we can address this issue now in a Bill that will come into law very soon. I urge the Government and Ministers to work with my noble friend Lady Newlove and to include this new offence in this Bill.