Review process will ensure lessons are learned from each
case.
Legislative proposals to help reduce the number of domestic
homicides and suicides in Scotland have been published in
Parliament.
If passed by MSPs, the Criminal Justice Modernisation and Abusive
Domestic Behaviour Reviews (Scotland) Bill, would require a
robust new review process to take place following the death of a
partner, ex-partner, or child where abuse is known or suspected.
The reviews will ensure justice, health, social care, local
government and third sector agencies identify and agree any areas
for change and improvement so further deaths may be prevented.
Those with direct experience of domestic abuse and families who
have been bereaved because of such abuse overwhelmingly backed
the plans for this national multi-agency review model during a
public consultation.
The model, informed by the work of a Scottish Government-led
multi-agency Taskforce, is a key part of the new Bill.
As the Bill was published, an information board at a previously
unmarked memorial cairn in Holyrood Park was installed by
Historic Environment Scotland. The cairn, built in memorial to
domestic homicide victim Margaret Hall, who was murdered by her
husband in 1720, was visited by Justice Secretary and partners involved in
developing the review model.
Elsewhere, the new Bill proposes measures to modernise the
justice sector through greater use of digital technology,
including evidence-sharing, and efficient processes. It will make
permanent a number of temporary measures put in place during the
COVID pandemic which have improved how the criminal justice
system works and which have support to become permanent measures.
The reforms include allowing more ‘virtual' attendance at
criminal courts, electronic signing and sending of documents in
criminal cases and increasing the maximum level of fiscal fines
that can be imposed.
Justice Secretary said:
“One death involving domestic abuse is one too many. While
overall homicide rates are falling, there remains a significant
number of victims who are killed by a partner or ex-partner, with
the vast majority being women.
“Our plans for a new review process will ensure agencies across
justice, health, social care, local government and the third
sector are working together to identify what lessons can be
learned following known or suspected domestic abuse deaths. I
hope that identifying what needs to improve will mean there are
fewer deaths of this kind. Ultimately, however, the 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 is a dual-purpose Bill and some of the criminal justice
measures included are already delivering better outcomes and
experiences for those using justice services, so it is right that
we look to make them permanent. The Bill, which is backed by
justice partners including the Crown Office and Procurator Fiscal
Service and the Scottish Courts and Tribunals Service, also
supports greater use of digital technology, which will modernise
the justice system even further."
Fiona Drouet, founder and CEO of EmilyTest, said:
“The introduction of domestic homicide and suicide reviews marks
a critical step forward in Scotland. These reviews will help us
better understand the warning signs so often missed before a
tragedy. They will be crucial in helping to prevent so many
avoidable deaths, whether by murder or suicide.
“I am privileged to have been invited to chair the Domestic Abuse
Related Suicide Task and Finish Group under the Taskforce,
helping to ensure that lessons are learned and precious lives are
not lost. Through the support and expertise of my depute chair,
Sarah Dangar, and the wider group, I am confident we will ensure
meaningful lessons are learned.”
Kate Wallace, Chief Executive at Victim Support Scotland, said:
"The Domestic Homicide and Suicide Review offers a unique
opportunity for lessons to be learned from homicides and suicides
within the context of domestic abuse in Scotland, so that we can
help ensure these types of crimes can be prevented.
"We welcome the opportunity to bring forward legislation which
will embed this entirely new approach for Scotland, and fully
acknowledge the work and collective efforts required to address
the unique issues inherent to this type of crime. We welcome
these progressive measures, especially how victims will be
considered within the legislation."
Background
Criminal Justice
Modernisation and Abusive Domestic Behaviour Reviews (Scotland)
Bill
The Domestic Homicide and Suicide Review Model is being developed
by the Scottish Government's Domestic Homicide and Suicide Review
Taskforce, Model Development Subgroup and ‘Task and Finish'
Groups.
The commitment to developing a domestic homicide review model is
within the Equally Safe Delivery
Plan.
Domestic Homicide Reviews:
Consultation Analysis