Police Expert | New Bill aims to prevent domestic murders and suicides in Scotland

New bill aims to prevent domestic murders and suicides in Scotland

New legislation to help reduce domestic murder and suicide in Scotland has been published in the Scottish Parliament.

If passed by MSPs, the Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Bill will require a comprehensive new review process to take place following the death of a spouse, ex-partner or child in cases where abuse is known or suspected.

The reviews will enable justice, health, social care, local government and third sector organisations to identify and agree areas where change and improvement are needed to prevent further deaths.

People directly affected by domestic violence and families who have lost loved ones to such violence overwhelmingly supported plans for this national multi-agency review model during public consultation.

The model, inspired by the work of the Scottish government-led multi-agency Task Force, is a key part of the new bill.

As the Bill was published, an information board was installed by Historic Environment Scotland on a previously unmarked memorial mound in Holyrood Park. Built in memory of Margaret Hall, a domestic murder victim who was killed by her husband in 1720, the mound was visited by the Justice Secretary, Angela Constance, and the partners tasked with developing the review model.

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 that have improved the functioning of the criminal justice system during the Covid pandemic and provide support for them to become permanent measures.

The reforms include allowing more ‘virtual’ attendance in criminal courts, electronically signing and sending of documents in criminal cases and increasing the maximum financial fines that can be imposed.

Justice Secretary Angela Constance said: “Even one domestic violence death is one too many. While overall murder rates are falling, there are still significant numbers of victims killed by a partner or ex-partner, the vast majority of whom are women.

“Our plans for a new review process will see justice, health, social care, local government and third sector agencies work together to identify what lessons can be learned following known or suspected domestic violence deaths.

“I hope that identifying what needs to be improved will mean fewer deaths like this. But ultimately the change we need to see is when perpetrators of domestic violence (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 deliver better outcomes and experiences for those using justice services, so it is right that we consider making them permanent.

“The bill, supported by the Crown Office and justice partners including the Procurator Fiscal Service and the Scottish Courts and Tribunals Service, also supports greater use of digital technology, which will further modernise the justice system.”

Fiona Drouet, founder and CEO of EmilyTest, said: “The introduction of domestic homicide and suicide reviews is a critical step forward in Scotland. They will help us better understand the warning signs that are often overlooked before a tragedy occurs. They will be crucial in helping to prevent many preventable deaths, whether they are murder or suicide.

“I am privileged to be invited to chair the Task Force on Domestic Violence Suicide Task Force and Ending Suicide, helping to ensure that lessons are learned and precious lives are not lost. With the support and expertise of my co-chair Sarah Dangar and the broader group, I am confident that meaningful lessons will be learned.”

Kate Wallace, chief executive of Victim Support Scotland, said: “The Domestic Homicide and Suicide Review provides a unique opportunity to learn lessons from murders and suicides in the context of domestic violence in Scotland, so that we can help prevent such crimes.

“We welcome the opportunity to introduce legislation that will take this radically new approach for Scotland and fully acknowledge the work and collective efforts required to address the unique issues inherent in these types of crimes. We welcome these progressive measures, particularly how victims are treated under the law.”