MSPs say Domestic Abuse Act has begun to have a positive impact but more must be done to tackle this issue

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.