Non-fatal strangulation review

The Queensland Government has asked us to examine and make recommendations about the offence of non-fatal strangulation in a domestic setting in section 315A of the Criminal Code, and applicable procedural rules and practices.

We are asked to recommend whether:

• the terms ‘chokes’, ‘suffocates’ and ‘strangles’ should be defined and, if so, in what way
• the requirement that the choking, suffocation or strangulation must occur ‘without the other person’s consent’ should be removed or amended
• the offence should apply to conduct that is not committed between those in a domestic relationship, or is not ‘associated domestic violence’ under the Domestic and Family Violence Protection Act 2012
• the current maximum penalty of 7 years imprisonment reflects the gravity of the conduct
• the offence should be able to be finalised in the Magistrates Court.

Terms of reference

The terms of reference from the Attorney-General are available to download.

Project timeline

The review started on 5 September 2024.

We are releasing a background paper in late-2024 to provide information on topics relevant to the review and prompt discussion.

A consultation paper will be published in mid-2025. It will include questions for consultation and ask for submissions.

Our final report with recommendations will be given to the Government by 30 September 2025.

More information

If you would like more information on the non-fatal strangulation section 315A review, email: qlrc-nfsreview@justice.qld.gov.au