Domestic Abuse Act has begun to have a positive impact but more must be done, says Holyrood committee

‘a thousand words’ commissioned by Scottish Womens Aid and Zero Tolerance. Copyright Laura Dodsworth

The introduction of the 2018 Domestic Abuse Act has been an important step but more action is needed in implementing the Act and tackling domestic abuse, say the Criminal Justice Committee.

As part of post-legislative scrutiny, the Committee has been reviewing the impact of the 2018 Act and how effective it has been in achieving the objectives set out by the Scottish Government. The Act’s key provision created a new offence around non-physical forms of abuse such as coercive control.

The Committee say there is strong support for the 2018 Act amongst prosecutors, law enforcement, and women’s groups and that it is beginning to have an impact, including increasing prosecutions.

However, the Committee believe progress has been too slow and they have called on several issues to be addressed.

The Committee highlight issues with the practical implementation of the 2018 Act, particularly within the police service, the Crown Office and the courts. They call for a ‘short-life implementation group’ to be setup tasked with accelerating progress and tackling the issues raised in the Committee report.

On Police Scotland, the reports highlights delays in specialist training for officers on domestic abuse cases. The Committee says it does not doubt the service’s commitment to tackling domestic abuse and notes resource implications.

However, they say more must be done to ensure that any officer called to the scene of a domestic abuse incident has received relevant training and can recognise the types of situations covered by the Act, particularly those of a non-physical nature.

The Committee also highlight criticism of the current sentencing regime for crimes of domestic abuse and whether more can be done in relation to breaches of non-harassment orders.

They welcome the review of sentencing guidelines by the Scottish Sentencing Council but call on the Cabinet Secretary to consider whether current sentencing policy for offences and for breaches is providing adequate protection for victims.

The Committee voice concern over evidence received by Dr Claire Houghton, who says victims and survivors have described the process of reporting domestic abuse and participating in court trials as “unremittingly grim”.

The Committee highlight the introduction of the recent Victims, Witnesses and Justice Reform Bill as an opportunity to tackle this issue and to ensure victims and survivors are not traumatised further when reporting these types of crimes.

Speaking as the report was published, Committee Convener, Audrey Nicoll MSP, said: “It’s clear the Domestic Abuse (Scotland) Act 2018 is supported across the sector and is an important part of efforts to tackle all forms of domestic abuse in Scotland. 

“However, there are undoubtedly still issues which need to be addressed.

“Evidence we have gathered has highlighted issues with implementing provisions in the Act, particularly across the police service, the Crown Office and the courts.

“We have concerns over the sentencing of crimes of this nature and on ensuring there is adequate and ongoing training so all police officers responding to domestic abuse cases can do so effectively.

The Convener added: “It is clear to the Committee that the original communication campaign around the 2018 Act was pivotal in raising public awareness of these issues at the time.

“We are calling on the Scottish Government to consider running an updated campaign, including one which targets children, as a way to continue to effectively highlight the various forms of domestic abuse.

“Domestic abuse as well as violence against women and girls is completely unacceptable and it is clear that more should be done to tackle this issue and support both victims and survivors.”

Other key recommendations in the report:

  • The Committee recommend the Scottish Government review how the use of an aggravator included in the Act is being implemented (as relates to the involvement of a child in domestic abuse cases).
  • The Committee highlight evidence that some perpetrators of domestic abuse seek to use the civil courts (e.g. through child custody and contact disputes) to further the abuse of their victims. They have asked the Cabinet Secretary to consider whether a pilot single court/judge model, when cases involve both civil and criminal matters, could help combat this.

Police Scotland’s Strategy to tackle violence against women and girls

Police Scotland’s strategy to tackle violence against women and girls was presented to the Scottish Police Authority Policing Performance Committee yesterday (Monday 17 April).

The strategy is subject to final discussion by the full SPA Board next week.

Based on wide-ranging and unprecedented engagement with the general public, women and girls, survivors of violence, key partners, academics and experts, the strategy builds on the Service’s commitment to improve and future-proof its response.

Proposals within the strategy include:

  • tackling and diverting incel culture through education
  • expanding the use of sexual offences liaison officer (SOLO) led visually recorded interviews (VRI)
  • delivery of trauma-informed training to all police officers and staff

Launching the strategy, Deputy Chief Constable Jane Connors, Police Scotland, said: “We are committed to creating a society where women and girls live free from violence, abuse, exploitation and harassment.

“Women, girls, and men, have shared their experiences, their thoughts and their views on how we can tackle violence, create a service that is responsive to victims and how we prevent violence against women and girls.

“We have listened and their voices and experiences thread through our strategy.

“They have informed and influenced our approach, our commitment to act and to improve how we tackle the sexual violence and domestic abuse that disproportionately affects women and girls.

“We will work with our partners across criminal justice, and support services, to improve the opportunities and support for women to report.

“It is up to us to improve how we respond at that first point of contact. To be compassionate, to listen, to signpost to help, and to ensure women are kept informed from the moment they report.

“We are committed to continually improving the service we provide, to build confidence in reporting and in policing more widely. Our service must be trauma-informed, we will prioritise the needs of victims and survivors.

“As an organisation we are not immune from the sexism and misogyny that is at the root of this violence. Our strategy recognises the work that needs to be done internally.

“Our role is crucial, but policing alone cannot stop violence against women and girls. Our strategy outlines the actions we will take as a service, together with our partners.

“We will continue to engage, to work with our partners, to improve our response and to drive the change needed to end violence against women and girls.”

Access the Violence Against Women and Girls Strategy.

Spey Lounge serious assault: Do you know this woman?

POLICE in Edinburgh have issued images of a woman they believe may be able to assist with their investigation into a serious assault that took place in Leith on Monday, 5 December, 2022.

The serious assault took place around 1.25am within the Spey Lounge on Leith Walk.

The woman is described as white, 40-50 years-old, around 5 ft 6ins in height and of slim build with long, dark-coloured hair that was tied in a ponytail. She was wearing a black padded coat and white trousers.

Detective Constable Lyndsey Singer of Gayfield Police Station said: “We are keen to talk to the woman in these images in connection with this incident and would urge anyone who may recognise her to get in touch as soon as possible.”

Any witnesses to the incident can contact officers via 101. Please quote incident number 0143 of 5 December 2022. Alternatively, you can call Crimestoppers anonymously on 0800 555 111.

Police appeal for witnesses following Granton Mains East incident

POLICE are appealing for witnesses after a man was found seriously injured in the Granton Mains East area.

Around 7.35pm on Friday, 3 February, 2023, a 40-year-old man was found seriously injured and was taken to the Royal Infirmary of Edinburgh for treatment.

Detective Sergeant Will Dickson, of Corstorphine CID, said: “Our enquiries are ongoing to establish the full circumstances of this incident. We believe someone assisted the injured man and we would urge that person to contact police.

“Anyone who may have witnessed what happened or has any information that may assist our investigation should contact police via 101, quoting incident number 3368 of 3 February. Alternatively, details can be given anonymously to Crimestoppers on 0800 555 111.”

Police appeal following attempted murder in West Pilton

Detectives are appealing for information following an attempted murder in West Pilton.

A 24-year-old man suffered serious injuries after being deliberately knocked off his motorbike by a car on Ferry Road Drive around 1.45pm yesterday (Thursday 28 July).

The man was taken to the Royal Infirmary of Edinburgh where his condition is described by medical staff as stable.

The occupants of the vehicle made off and enquiries are ongoing. The car, a black Fiat Panda, had previously been reported stolen from the local area.

Officers believe this was a targeted attack and are appealing for anyone who witnessed the incident, or who has dashcam footage of what happened, to contact police.

Superintendent Mark Rennie said: “Violence of this nature won’t be tolerated in any part of the city. This is a prime example of a small number of young people creating fear and concern in a local community.

“Our investigation is progressing well and we will have an enhanced policing presence in the area to reassure local residents and prevent any further disorder. Every single person involved in recent incidents in the area will be pursued and arrested and we will ensure that identified offenders are quickly put before the courts.”

Anyone with information is urged to contact Police Scotland on 101 quoting reference 1820 of Thursday, 28 July, 2022. Alternatively, call Crimestoppers anonymously on 0800 555 111.

Proxy purchasing: It will cost you

Underage drinking plays a huge part in antisocial behaviour, crime and violence in local communities. One of the ways young people get their hands on alcohol is to ask an adult to buy it for them. This is called proxy purchasing – and it’s a criminal offence.

Buy alcohol for someone under 18 and you could face a fine of up to £5,000 or up to 3 months in prison. Or both.

For more information visit ⬇️

www.itwillcostyou.com/about

#ItWillCostYou

Backing for staff facing abuse

Abuse directed at retail and bar staff who ask customers to comply with the law and wear face coverings will not be tolerated, Justice Secretary Keith Brown said yesterday.

It continues to be a legal requirement to wear face coverings in places such as shops and pubs and on public transport unless exempt – and Mr Brown said any form of abuse, threats or violence faced by workers as a result of simply doing their job is “completely unacceptable”.

It comes as new powers came into force in Scotland last month, making assaulting, threating or abusing certain staff a new standalone offence. Previously such conduct would be dealt with under more general offences.

Face coverings are a hugely important mitigation in the fight against COVID-19 as they create a physical barrier that helps stop the virus spreading from an infected person, while providing a degree of protection to the wearer against exposure to the virus. 

Mr Brown urged people to follow the rules and treat staff with respect as Scotland continued to face high infection levels.

He said: “I would like to thank the vast majority of people who continue to wear face coverings and urge people to please follow the rules and guidelines still in place. It is still a requirement to wear face coverings in indoor public places, such as shops, public transport and when entering and moving about in hospitality settings.

“Everyone who can should wear a face covering because it is a simple and vital measure we can take to protect others and stem the spread of this deadly virus.

“Retail workers and those working in hospitality play a vital role serving our communities which has been clearly demonstrated throughout the pandemic and it’s extremely important they know they have the protection of the law when carrying out their duties.

“Any form of abuse, threats or violence faced by such workers as a result of simply doing their job is completely unacceptable and will not be tolerated.

“Parliament recently introduced a standalone law with penalties of up to 12 months in prison and fines up to £10,000 for this type of behaviour and staff serving communities across Scotland can be assured the police and prosecution services stand ready to respond to any instances as necessary.”

DCC Malcolm Graham of Police Scotland said: “Everyone has the right to go to their work without being threatened or assaulted.

“Retail workers now have added protection in law and the police will act on reports we receive about this kind of unacceptable behaviour.

“I would also continue to encourage people to follow the regulations and guidance that remain in place to help stop the spread of coronavirus.”

Solicitor General for Scotland Ruth Charteris QC said: “People in any walk of life should expect to go about their business without the fear of threats or abuse.

“This is true of shop workers who are protected in law and deserve our thanks and appreciation for the work they have done throughout the pandemic.”

By law, you must wear a face covering in certain indoor public places, including public transport, in Scotland unless an exemption applies.

See the complete list of settings where we all have to wear face coverings.

Usdaw welcomes today’s new protection of workers law

Scottish shopworkers speak out about violence, threats and abuse

Retail trade union Usdaw has welcomed a new law to protect Scottish shopworkers from violence, threats and abuse coming into force today, 24 August 2021. The union is urging shopworkers to report incidents to ensure the legislation is able to have an effect on ever increasing incidents.

The ground-breaking legislation was supported by MSPs after Usdaw’s long-running campaign led to the Protection of Workers (Retail and Age-restricted Goods and Services) (Scotland) Bill, which was successfully steered through the Scottish Parliament by Daniel Johnson MSP (Labour, Edinburgh Southern).

Usdaw has launched a Freedom from Fear summer campaign week from 22-29 August, with shocking statistics from their annual survey. Preliminary results from nearly 2,000 retail staff across the UK show that in the last twelve months:

  • 92% have experienced verbal abuse,
  • 70% were threatened by a customer,
  • 14% were assaulted.
  • One in five victims have never reported an incident to their employer, including 5% who had been assaulted.

Scottish voices from the frontline 

These are some of the comments Scottish shopworkers shared when responding to Usdaw’s survey:

Central Scotland: “Abusive because they are having to wait in a queue or at self-scan to get alcohol or security tags taken off.”- “Have been threatened by violence once I finish work, will wait on me outside and kick my head in.”

Glasgow: “Had a bottle held over my head for my till. Been called a rat and been warned to watch myself walking home at night.” – “Customer tried to punch me, had threats of physical violence and called several demeaning names by customers.”

Highlands and Islands: “Social distancing and mask wearing have resulted in confrontations that have got particularly aggressive.”- “I have had someone throw their shopping at me when I have asked to stay 2m away.”

Lothian: “Lack of respect for requesting social distancing.” – “Multiple times I’ve had stuff thrown at me and once was kicked into a machine.” – “People insulting me or raising their voices when asked to follow basic covid regulations.”

Mid-Scotland and Fife: “We have been verbally abused regarding the safe system in place with regards to reopening our cafe.” – “Mainly shoplifters, threatening behaviour and verbal abuse.”

North East Scotland: “Mainly verbal aggressive abuse from customers. Rudeness, insults and shouting.” – “Customers argue when you explain the licensing regulations.”

South Scotland: “Sworn at, spat at, kicked at, punched at, eggs thrown at me.”- “Customer would not social distance, I got an absolute mouthful, said he knew better as he was a doctor.”

West Scotland: “Staff being grabbed by customers, threatened with knives, racially abused and received degrading comments calling us stupid little girls, worthless, and idiots.” – “Customers really think they can say whatever they want to us.”

Paddy Lillis – Usdaw General Secretary says: “It is heart-breaking to hear these testimonies from Scottish shopworkers who deserve far more respect than they receive.

“Our latest survey results clearly show the scale of the appalling violence, threats and abuse faced by shopworkers and demonstrate why the Scottish Parliament was right to pass a ‘protection of shopworkers’ law.

“It has been a terrible year for our members, with over 90% of shopworkers suffering abuse, more than two-thirds threatened and one in seven assaulted. We are saying loud and clear that enough is enough, abuse should never be part of the job.

“We continue to campaign for the UK Government to follow MSPs’ lead by extending similar protections to retail staff in England, Wales and Northern Ireland. Retail staff across the UK have a crucial role in our communities and that role must be valued and respected, they deserve the protection of the law.”

Tracy Gilbert, Usdaw’s Scottish Regional Secretary, says: “We welcome this ground-breaking legislation to protect shopworkers from violence, threats and abuse coming into force today. We again thank Daniel Johnson MSP and all MSPs for listening to the pleas of our members and giving them the legislative support they so desperately need.

“For this new legislation to have a real impact, we need to make sure staff report incidents of violence, threats or abuse to their manager. We are aware that some retail workers may feel it won’t make a difference, but my message to shopworkers is absolutely clear: report it to sort it.

“We are working with the Scottish Government, police and retailers to promote the new law. We want criminals to understand that assaulting and abusing shopworkers is unacceptable and will land them with a stiffer sentence. Our hope is that this new legislation will result in retail staff getting the respect they deserve.”

Police update: Six arrests following disorder in Portobello

Chief Inspector Murray Tait, Local Area Commander for North East Edinburgh, said: “Our officers responded to a number of incidents involving youths in the Portobello area over the course of the weekend, including violence and antisocial behaviour.

“As a result of these reports, extensive enquiries have been undertaken and we can confirm that 6 arrests have been made to date. Further enquiries remain ongoing.

“It was unfortunate to see a small minority ruin the good weather for the rest of the community with their actions which have no place in Portobello. I want to make it absolutely clear that those who attend with the intention of causing violence and disorder are not welcome.

“Portobello Beach is a fantastic area, with great local businesses and is enjoyed by many families and young children who come to visit the area.

“I would like to reassure the public that there will be a significant police presence in the area, so we can robustly deal with anyone causing issues in the coming days. If you have any concerns about criminality, please speak to officers, call 101, or call 999 in an emergency.”

Protection of shopworkers law to come into force on 24 August

Usdaw welcomes Scottish legislation and urges UK Government to follow suit

Retail trade union Usdaw has welcomed yesterday’s announcement by the Scottish Government, confirming that a new law to protect shopworkers from violence, threats and abuse will come into force on 24 August 2021.

The ground-breaking legislation was supported by MSPs after Usdaw’s long-running campaign led to the Protection of Workers (Retail and Age-restricted Goods and Services) (Scotland) Bill, which was successfully steered through the Scottish Parliament by Daniel Johnson MSP (Labour, Edinburgh Southern).

Tracy Gilbert, Usdaw’s Scottish Regional Secretary, said: “We welcome today’s confirmation that ground-breaking legislation to protect shopworkers from violence, threats and abuse will come in to force on 24 August. We again thank Daniel Johnson MSP and all MSPs for listening to the pleas of our members and giving them the legislative support they so desperately need.

“Retail staff have been on the frontline throughout the coronavirus crisis, helping to keep our communities fed, despite the risks of contracting the virus. Our 2020 survey showed that 9 in 10 shopworkers had been abused last year. This new law firmly backs up Usdaw’s clear message that abuse is not part of the job.

“We are now looking to work with the Scottish Government, police and retailers to promote the new law. We want criminals to understand that assaulting and abusing shopworkers is unacceptable and will land them with a stiffer sentence. Our hope is that this new legislation will result in retail staff getting the respect they deserve.”

Paddy Lillis, Usdaw General Secretary, said: “The Scottish Parliament is leading the way on protection of shopworkers. Today our petition for similar legislation in the UK Parliament is being debated in the House of Commons (see below).

“We urge MPs to support the aims of our petition and persuade the Government to back legislation to protect shopworkers. They have the perfect opportunity by accepting an amendment from Sarah Jones MP to the Police, Crime, Sentencing and Courts Bill, which we hope will be supported in the bill committee.

“Retail employers, leading retail bodies and the shopworkers’ trade union are jointly calling for legislation, so it is time for the Government and MPs to listen.

We are now looking for MPs to support key workers across the retail sector and help turn around the UK Government’s opposition and follow Scotland’s lead.”

A survey of over 12,000 retail workers has found that only 1 in 5 shopworkers who reported incidents of abuse or violence were satisfied with the official response from the police or their employer.

Westminster’s Home Affairs Committee has published the findings of its survey, which asked retail and other shopworkers to share their experiences of incidents of violence and abuse. Two thirds of those who reported incidents suggested no help was given to them after receiving an initial response from their employer or the police.

The Committee asked retail workers about the frequency of incidents, how these were reported, what action was taken by the police or employers and what should be done to prevent abuse in future. The majority of respondents had both witnessed and experienced verbal or physical abuse at work.

The survey found that 87% of respondents had reported incidents to their employer but, in 45% of these cases, no further action was taken. Half of respondents reported incidents to the police, of which only 12% led to an arrest.

A third of respondents did not report incidents to their employer because they believed nothing would be done or it was ‘just part of the job’. Over a quarter did not report incidents because they believed the police would not do anything about it. 

Respondents felt that better security at retail premises and more severe punishments for offenders would help prevent incidents in the future.

The public survey was held as part of the committee’s inquiry into ‘Violence and abuse towards retail workers’. The findings are published ahead of today’s Westminster Hall debate on an e-petition calling for more protection for retail workers.

The Committee’s Chair, Yvette Cooper MP, said: “During the Covid crisis, we’ve seen an appalling and unacceptable increase in reported attacks and abuse against shop workers.

“No one should feel unsafe at their place of work and there are no circumstances where such behaviour should be tolerated. Thank you to everyone who took the time to share their experiences with the Committee.

“The sheer number of responses we have received shows just how widespread this problem is. In far too many cases retail workers don’t report incidents as they feel nothing will be done or that they’re expected to deal with such appalling incidents as part of their job. That’s simply not the case and it’s clear that action is needed to change this.

“The Committee is currently assessing the wider evidence we’ve received – I hope the Government responds constructively to the serious issues we have identified.”