Holyrood Committee back general principles of Bill which would see the introduction of mandatory reviews into deaths related to domestic abuse

The Committee give support to the introduction of a review process into deaths related to abusive behaviour within relationships. It says the current absence of this form of review means the opportunity to learn lessons from deaths of this nature is lost.

However, the Committee say some evidence it received suggested that the review process could undermine the current definition of domestic abuse, as outlined in the Domestic Abuse (Scotland) Act 2018. The Committee seeks reassurance from the Scottish Government that this will not be the case and the definitions will be aligned, whilst still allowing for a range of different types of deaths to be reviewed, such as in the context of honour-based abuse and homicide by family members.

The Committee is also keen to see detail on how joint and multi-agency reviews will work to ensure there is no duplication of existing processes or undue stress placed on children and families of victims. It says the amount of detail made public when reviews are published should also be given further consideration so as not to retraumatise victims’ family members.

Regarding Part 1 of the Bill, the Committee support the use of electronic signing and sending of documents in criminal cases saying it will help improve efficiency in the system. However, the Committee warn of potential digital exclusion for those not adept at using digital technology.

The Committee also support the use of digital evidence, where appropriate, but highlight concerns around the storing and securing of sensitive data. The Committee also seeks reassurance from the Scottish Government regarding the right to produce physical evidence in court and the retention of physical evidence.

On the proposals around virtual attendance at a criminal court, the Committee say it’s clear that virtual attendance can improve efficiency in the system and it is not against it in principle. However, the Committee do have concerns and highlight practical issues relating to the operation of virtual attendance, particularly in the area of virtual custody courts. It says issues such as a lack of suitable premises and technical difficulties must be addressed to ensure fairness and the right for all court users to have confidence in the effective operation of court proceedings.

The Committee is also concerned that the Bill does not specify the types of location from which virtual attendance can take place, which could mean virtual attendance taking place from insecure locations or locations which compromise the dignity of the court. The Committee is seeking more detail in the Bill of the locations deemed suitable for virtual attendance and the circumstances in which virtual attendance is permitted.

As the report was published, Criminal Justice Committee Convener, Audrey Nicoll MSP, said:

“Our Committee is united in backing the general principles of this Bill.

“We believe the current scenario where deaths or suicides related to domestic abuse may not be part of any formal review is an oversight which should be addressed and this Bill sets about doing so.

“But it is important that these reviews are adequately resourced, do not duplicate work and do not retraumatise victims’ families.

“We also support other aspects of the Bill which aim to modernise the justice system and use technology to improve efficiencies, including the use of electronic signing and sending of documents in criminal cases and the use of digital evidence.”

The Convener added:

“We have seen that virtual court attendance can deliver improvements for users of the justice system, but we do have concerns around the practical availability of resources and of the locations designated as suitable for this purpose.

“We believe the Bill must include clearer rules setting out how the courts should use their powers with regards to virtual attendance and that there must be clarity on the locations deemed suitable for virtual attendance, and that adequate resourcing is essential to ensure that it works effectively.”

Other findings in the report include:

• The Committee say the proposal to make permanent the higher level of fiscal fines is supported by several organisations. However, it highlights concerns about the ability of some individuals to pay increased fines and say this could lead to more individuals in custody.
• The Committee is content that the current temporary provisions extending time limits on solemn cases should lapse from 30 November 2025 to pre-pandemic time limits, while noting the Cabinet Secretary’s suggestion that temporary time limits should continue to apply to those cases in the system prior to that date.