Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Bill: business and regulatory impact assessment

Section 2: Engagement and information gathering

Engagement approach

Part 1 – Criminal Justice Modernisation

The 2022 Act includes a range of temporary justice measures that were originally introduced in response to Covid-19 to support the operation of Scotland’s justice system as it responded to the impact of the pandemic and associated restrictions to which it led. These temporary measures were originally due to expire at the end of 30 November 2023. Some of them were then extended for a further year until the end of 30 November 2024. It will be extended one final time in 2024 through a Scottish Statutory Instrument laid on 19 September 2024.

To comply with the requirements of section 52(4) of the 2022 Act and to inform the contents of this instrument, the Scottish Ministers have carried out a review into the operation of the temporary justice measures which remain in force. As required by section 52(6) of the 2022 Act, the Scottish Ministers have consulted a range of stakeholders as part of that review. Views from these consultations have been considered as part of the engagement for these provisions followed by a dedicated consultation that took place between November 2023 and February 2024.

Part 2 – Domestic Homicide and Suicide Reviews

To inform the development of a Domestic Homicide and Suicide Review model for Scotland, the Scottish Government undertook a programme of staged engagement reflective of the principles set out in the National Standards for Community Engagement. From the outset, the involvement of people with lived experience of domestic abuse or bereaved by domestic homicide and domestic suicide, as well as professionals working in the field of domestic abuse, has been considered essential to the development on the model.

Internal SG engagement/ engagement with wider Public Sector

Part 1 – Criminal Justice Modernisation

Within government and justice delivery agencies, consultation has taken place with Scottish Courts and Tribunals Service (SCTS), the Judiciary of Scotland, the Crown Office and Procurator Fiscal Service (COPFS) and Police Scotland. This engagement has helped us consider the practicalities of the proposals and has helped inform our analysis in relation to costs.

Part 2 – Domestic Homicide and Suicide Reviews

Internal engagement has been carried out with the following Scottish Government teams:

• Justice Analytical Services, Directorate for Safer Communities, Director-General Education and Justice;
• Victims and Witnesses Unit, Directorate for Justice, Director-General Education and Justice;
• Criminal Justice Reform Unit, Directorate for Justice, Director-General Education and Justice;
• Public Protection Unit, Directorate for Justice, Director-General Education and Justice;
• Child Protection Unit, Directorate for Children and Families, Director-General Education and Justice;
• Sponsorship Of Care Inspectorate, ILF Scotland and Adult Support and Protection Unit, Directorate for Social Care and National Care Service Development, Director-General Health and Social Care;
• Drugs Policy Unit, Directorate for Population and Health, Director-General Health and Social Care;
• Professional Advisors, Directorate for Mental Health, Director-General Health and Social Care; and
• Public Appointments Unit, Directorate for People, Director-General Corporate.

UK/ Devolved Administrations

Part 1 – Criminal Justice Modernisation

Not applicable.

Part 2 – Domestic Homicide and Suicide Reviews

Engagement with the UK/Devolved Administrations has been carried out regularly, as lessons could be learned from the way in which domestic homicide reviews operate in other national jurisdictions. This includes engagement with:

• UK Government (Home Office);
• Welsh Government; and
• Northern Ireland Executive.

Wider Public Sector

Part 1 – Criminal Justice Modernisation

Engagement has been undertaken with a range of partner agencies.

Part 2 – Domestic Homicide and Suicide Reviews

The Scottish Government-led Taskforce established to provide national leadership for the development and implementation of a multi-agency Domestic Homicide and Suicide Review model for Scotland meets on a quarterly basis. The Taskforce brings together partners from across justice, local government, health, academia, and victims organisations. The current membership comprises:

Public authorities:

• COPFS;
• COSLA;
• Police Scotland;
• NHS Lanarkshire;
• NHS Tayside;
• The State Hospital;
• NHS Shetland;
• NHS Lothian;
• Community Justice Scotland;
• Law Society of Scotland;
• Scottish Community Safety Network; and
• Alcohol Focus Scotland.

Victim support organisations/Third sector organisations:

• ASSIST;
• EmilyTest;
• Shakti Women’s Aid;
• Abused Men in Scotland;
• SafeLives Scotland;
• Victim Support Scotland; and
• Scottish Women’s Aid.

Academia:

• The University of Edinburgh;
• Manchester Metropolitan University; and
• Durham University.

International

Part 1 – Criminal Justice Modernisation

Not applicable.

Part 2 – Domestic Homicide and Suicide Reviews

Internationally, there is an increased interest in establishing review systems for individuals who die or are seriously injured through domestic abuse. This is, in part, attributed to the influence of international conventions, an increase in media attention into domestic homicides and perceived failings in the domestic abuse system, and the growth in corporate governance processes. The Scottish Government has committed to examine approaches in other jurisdictions, including internationally, to help develop a Scotland-specific system which learns from the circumstances around domestic abuse-related homicides and suicides in Scotland.

As outlined above, a package of evidence has been brought together to inform the work of the Taskforce, Model Development Subgroup, and Task and Finish Groups. The evidence includes papers which consider how Domestic Homicide Review models operate in other countries and what can be learned from them. The papers include the International Comparator Research and Domestic Homicide Reviews: Identifying Best Practice in Learning Lessons and Implementing Change by Scottish Government, and Learning from Domestic Homicide Reviews produced by the University of Edinburgh.

Work has also been undertaken with international leads in jurisdictions including the United States, Canada, New Zealand and Australia. The collective evidence suggests that while the overall aim is very similar across jurisdictions, there is variation in the approach, scope and implementation of domestic homicide and suicide reviews, for example:

• Legislation and governance of the process differ, with most jurisdictions having established specific legislation, but some establishing domestic homicide reviews under coronial mandate as part of the remit of an Ombudsman or as a pilot to review historical cases.
• While all jurisdictions include intimate partner homicide within case selection criteria, there is variation in the inclusion of family homicide, suicide, bystander or near deaths.
• Multi-agency panels can be established at jurisdictions level or at a local level, with some panels consisting of dedicated permanent teams, while others are established ad-hoc.
• There are different ways and levels of inclusion of family and friends of the victim (and perpetrator) in the domestic homicide review process.

Business / Third Sector engagement

Part 1 – Criminal Justice Modernisation

The measures in the Bill will mainly impact on justice agencies, the third sector, and the legal profession. Given this, engagement has primarily focused on stakeholders from these areas during the development of policy for the Bill.

The Society of Solicitor Advocates, Scottish Law Agents' Society and the Faculty of Advocates, which represent the legal profession in Scotland, provided responses to the consultations, as did a number of third sector organisations who provide advocacy and/or support to victims and witnesses. A summary of the feedback in relation to impacts on businesses is set out in the consultation report.

Part 2 – Domestic Homicide and Suicide Reviews

Regular engagement with third sector organisations has taken place within the context of the Domestic Homicide and Suicide Review Taskforce, Model Development Subgroup, and Task and Finish Group meetings, as well as separately. This will continue as the work progresses.

Public consultation

Part 1 – Criminal Justice Modernisation

The public consultation on the provisions in this legislation included proposals relating to the measures in the Bill. The consultation ran for 14 weeks between 6 November 2023 and 12 February 2024. In total, 30 consultation responses were received, of which 22 were from groups or organisations and eight from individual members of the public.

An independent analysis of the consultation responses found that, across the responses, there were varying levels of support for all of the proposals.

Five respondents commented on the potential impacts of consultation proposals on businesses and the third sector.

Reference to potential positive impacts included a suggestion that proposals may benefit the prosecution of financial crime, for example through efficiencies resulting from conduct of business by electronic means and digital productions. It was also suggested that greater use of digital technologies could enable third sector community organisations to better support individuals to engage with justice processes.

Concerns raised by respondents included the potential for any closure of court buildings to have an adverse impact on businesses in the local area. It was also noted that proposals could result in additional financial burden for organisations required to upgrade digital technologies and security systems. This was seen as a particular challenge for third sector organisations.

Comments were also made about impacts of the proposals on court business scheduling and the speed with which cases could progress through court, and the need for more legal aid funding to support victims.

Part 2 – Domestic Homicide and Suicide Reviews

The Scottish Government undertook a period of consultation and targeted engagement to inform the development of domestic homicide review model for Scotland. This took place between 1 September – 30 October 2023 and gathered the views of:

• people (those 18 years of age and over) who have lived experience of domestic abuse;
• people who have been bereaved due to domestic homicide/abuse;
• people working in the field of domestic abuse, for example, the police, victim support organisations, social services, health services; and
• people with lived experience who also work in the field of domestic abuse.

To enable the participation of as many people and organisations as possible, multiple options for completing the consultation were made available, including an online consultation, as well as the opportunity to take part in a group or one-to-one engagement session, either in-person or online.

The online consultation asked questions about what the Domestic Homicide Review model should look like. Participants had the opportunity to respond to the consultation online or as a hard copy. No identifying information was recorded for any response, making all responses completely anonymous.

The consultation comprised of six sections, with a total of 33 questions, 27 of which were relevant both to those with lived experience of domestic abuse. There were an additional six questions, including a specific section on ‘Information Gathering and Analysis’, relevant to those working in the field of domestic abuse and professionals who also have lived experience.

There were a total of 235 responses, including 31 (13%) individuals with lived experience of domestic abuse or bereaved by abuse, 134 (57%) professionals working in the field of domestic abuse, and 70 (30%) professionals with lived experience working in the field of domestic abuse. Of the 235 responses, 173 (74%) participants took part in one of the 28 engagement sessions that were organised, and 62 (26%) by answering individually to the online consultation.

The sectors represented in the targeted engagement include social services, health, third sector, justice, housing, education, children’s services, victim support organisations, and local authorities. There were 35 organisational responses.

The outcomes of the consultation were published in a consultation analysis report, and the findings were used to inform the next steps.

The initial focus of the model will be on those killed by a partner or ex-partner, which will include where a perpetrator takes their own life, and violent resistance, where the victim of domestic abuse kills their perpetrator. In addition, the scope of the model will also include children and domestic suicide.

The findings showed that there was strong support for flexibility to be incorporated into the model and for reviews to be undertaken as soon as possible following a death. The Taskforce, Model Development Subgroup, and Task and Finish Groups will continue to work closely with relevant agencies to develop the detail of how the model will operate. It is also worth noting that given the scope of the reviews, there may be some crossover with other review processes in Scotland, such as Adult and Child Protection Learning Reviews and Suicide Reviews. The possibility of undertaking joint reviews is being considered to avoid duplication of work and reduce the potential for re-traumatisation of families/ friends and reduce the burden on organisations.

Similarly, as reviews will be undertaken in parallel to any proceedings, a process will be developed between Scottish Government, Police Scotland and COPFS on this aspect.

Other stakeholders

Part 1 – Criminal Justice Modernisation

Not applicable.

Part 2 – Domestic Homicide and Suicide Reviews

As the model is being developed, additional engagement will be undertaken with stakeholders under the Taskforce structure, those with lived experience of domestic abuse and bereavement due to domestic abuse, and relevant others.