Official Report 517KB pdf
Our final previously referred petition is PE2136, published in January 2025 and lodged by Fiona Drouet, which calls on the Scottish Parliament to urge the Scottish Government to make non-fatal strangulation a stand-alone criminal offence in Scotland.
On 23 April 2025, the petition was referred to the then Criminal Justice Committee. The committee held an evidence session on 21 May 2025, which included taking evidence from the petitioner. It wrote to the then Lord Advocate and justice secretary and received responses from each, as well as from the petitioner.
The position of the Scottish Government and the Crown Office and Procurator Fiscal Service is that non-fatal strangulation is already a crime, prosecuted under common assault, attempted murder or domestic abuse legislation, and that, as such, there is no need for a specific offence in Scots law.
In a submission to the Criminal Justice Committee on 11 July 2025, the petitioner set out her reasons for disagreeing with that position, believing that a lack of distinct recognition of the crime minimises the gravity of the offence. The petitioner did, however, welcome an offer from the Lord Advocate to discuss the matter further.
The committee sought the views of the Scottish Government on all petitions carried over from session 6 to inform its consideration. The Scottish Government’s response of 21 July 2026 referred to its consultation on improving protections in the justice system for women and girls. The consultation ended on 31 August and sought views on a range of matters, including the operation of non-fatal strangulation law. The petitioner’s response indicates that the petitioner submitted evidence to that consultation.
I invite members to make any comments or suggestions for action.
My view is that we should refer the petition to the current Criminal Justice Committee.
If there are no other suggestions, are we are all content to make that referral?
Members indicated agreement.