New review process will ensure lessons are learned from each case
Legislation to help reduce the number of domestic abuse-related homicides and suicides in Scotland has been passed unanimously by Parliament.
The Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Bill will legally require a new robust review process following the death of a partner, ex-partner, or child where abuse is known or suspected.
The reviews, which are expected to start next spring, will mean that where there has been a death of this nature, justice, health, social care, local government and third sector agencies must work together to identify and agree any areas for change and improvement so further deaths may be prevented.
Justice Secretary Angela Constance has commissioned Healthcare Improvement Scotland to work with partners, those with direct experience of domestic abuse and families bereaved in these circumstances, to develop national standards to support how the reviews are undertaken and the multi-agency and multi-disciplinary response to domestic homicide and suicide.
The Bill will also help to modernise the justice sector by supporting greater use of digital technology, including evidence-sharing, and efficient processes.
It will make permanent a number of temporary measures that were put in place during the COVID pandemic in 2020 which improved how the criminal justice system works. The reforms include allowing more virtual attendance at criminal courts, electronic signing and sending of documents in criminal cases, and greater use of digital evidence from crime scene to court room.
As well as benefiting victims and witnesses, these reforms will help efforts to support frontline policing – sparing officers from unduly waiting around in court buildings.
The Justice Secretary said: “Any death following domestic abuse is one too many. The new Domestic Homicide and Suicide Review Model, backed by national standards, will help to ensure lessons are learned following such deaths, so that services are improved and victims are better protected.
“I hope that identifying what needs to improve will mean there are fewer deaths of this kind.
“Legislation alone is not enough, though. The real change we need to see will only happen when those who perpetrate domestic abuse – the majority of whom are men – change their actions and behaviour.
“This Bill will also provide resilience to the criminal justice sector by embedding efficiency and modernisation in procedures – making sure Scotland’s criminal justice system can meet current and future demands.
“This includes greater use of digital technology, including evidence-sharing, and efficient processes such as allowing more virtual attendance at criminal courts and electronic signing and sending of documents in criminal cases.”
Fiona Drouet, who founded the EmilyTest charity in memory of her daughter, and who chairs the Domestic Abuse Related Suicide Group under the Domestic Homicide and Suicide Review Taskforce, said: “The introduction of statutory reviews into domestic abuse homicides and suicides is a hugely important step.
“Like so many families, we were left to piece together the devastating circumstances that led to our daughter Emily taking her own life, all whilst in the most painful time of our lives.
“Doors closed on us, and the desperation to make sure no one else ended up in Emily’s shoes felt all-consuming – a responsibility we should never have had to carry.
“Having comprehensive reviews in place means there’s less risk of lessons being missed and future tragedies prevented. Domestic abuse-related suicides now outnumber domestic homicides, which is why giving equal priority to these deaths is so vital.
“As Chair of the Group under the Domestic Homicide and Suicide Review Taskforce that is informing Scotland’s suicide reviews, I see firsthand the depth of expertise partners bring to the process, and am confident in a system that puts lived experience at its heart.
“The wider provisions in the Bill to strengthen existing practices and protections are also welcome, bringing greater consistency and safety across Scotland.”
Scottish Women’s Aid CEO Dr Marsha Scott said: ““Scottish Women’s Aid warmly welcomes this legislation.
“We have been calling for a Scottish response to domestic abuse deaths for almost a decade, and this new law delivers a unique approach that was developed in an inclusive, thoughtful, and evidence-based process.
“Implementation, as always, must be resourced supported by the expertise of specialist services, but this law gives us the tools to make a difference.’’
Victim Support Scotland Head of Communications and External Affairs Carol Eden said: “Victim Support Scotland welcomes legislation in both parts of this important Bill.
“Much of what is being put into legislation reflects what has been in practice for several years now as a result of COVID. Victims and witnesses have become accustomed to and expect the level of flexibility this offers, and to not make permanent these powers would be a retrograde step.
“Equally, Victim Support Scotland is supportive of legislation to underpin a Domestic Homicide and Suicide Review model to help to develop a better understanding of how domestic abuse impacts communities in Scotland.
“We have been heavily involved in these developments as an active member of the Domestic Homicide and Suicide Review Taskforce and associated sub-groups, with our work informed by our Support for Families Bereaved by Crime service, which provides practical and emotional support to families bereaved by murder and culpable homicide.”
Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Bill
