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Scottish Law Commission submission of 1 December 2021

PE1887/C - Create an Unborn Victims of Violence Act

As a statutorily established and independent law reform body our primary role is in making recommendations to Ministers in areas of Scots law which are identified as being in need of development and reform. The topics on which we work are generally either set out in a Programme of Law Reform (which will contain a number of topics) or in a reference from the Scottish Ministers (which is generally on a single topic). We publish these, along with our Reports and other documents, on our website. Our current Programme, which lasts for 5 years, will come to an end in December 2022; in the coming months we will begin consultations on topics for our next Programme and, once agreed with the Scottish Ministers, it will begin at the start of 2023. We expect that it too will last for 5 years.

Our current Programme contains two projects, one on homicide and one on aspects of family law, which come close to the topic in the petition but neither matches what the petitioner raises.

However, there may be alternative ways in which the Commission could become involved. One is by means of a suitable project in our next Programme of Law Reform. As mentioned above, consultation on suitable topics will open in the coming months, and suggestions may be made either by individuals or organisations. They will then be considered and assessed against relevant criteria before a final selection is agreed. Secondly, if the Scottish Government considers that this is a topic for investigation and reform it may be the object of a reference by Ministers to us. If we were to undertake a project under either of these routes we would carry out work covering (a) current Scots law on the topic; (b) a review of the law in some other jurisdictions; (c) public consultation of draft proposals; (d) recommendations as to possible law reform options open to Ministers and Parliament; and (e) any other relevant matters.

All of that said, we note that the petition focuses on an important topic. An assault by her partner on a pregnant woman to such an extent that she has a miscarriage or requires to terminate a pregnancy is a particularly cruel type of domestic abuse. It has devastating consequences, physical, mental and emotional, for the woman concerned.

We trust that this is of assistance to the Committee at the present time and we would be happy to provide further input if required.