Under the Justice (Sexual Offences and Trafficking Victims) Act (Northern Ireland) 2022, the maximum sentences for the new offence are two years’ imprisonment in the magistrates’ courts or 14 years in the Crown Court.

The offence will apply to any case where intentional asphyxiation or strangulation occurs. Where it results in serious harm, the fact that the victim consented in the context of a sexual act will not be a defence.

The offence will also apply where strangulation or suffocation is committed abroad by a Northern Ireland national or by a person who is habitually resident in Northern Ireland, as if the offence had happened in Northern Ireland.

Richard Pengelly CB, permanent secretary at the Department of Justice, said: “This new offence provides greater protection for victims and seeks to address the seriousness of this type of offending behaviour.

“This crime can affect anyone and can occur in a number of circumstances. However, there are those who use strangulation and asphyxiation to exert control and fear in others, including in cases of domestic abuse. Research shows that this type of abuse is eight times more likely to result in domestic homicide.

“No matter the circumstances for this behaviour occurring and whether harm is intended or not, the consequences can be far reaching. In recognition of the serious harm it causes, this new offence carries greater penalties than were previously available and today marks another step forward in making our community safer.

“I am grateful to justice partners in the Police Service of Northern Ireland, Public Prosecution Service and Northern Ireland Courts and Tribunals Service for their work to bring this new offence into operation. I would encourage anyone who suffers this type of crime to report it and seek support.”