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

Section 3: Costs, impacts and benefits

Quantified costs to businesses

Part 1 – Criminal Justice Modernisation

Proceeding with this Bill may result in some costs for agencies in the justice sector. However these costs will be offset by the savings that will be derived from the implementation of these provisions.

The costs for the first part of the Bill are considered in detail in the Financial Memorandum for the Bill.

Part 2 – Domestic Homicide and Suicide Reviews

Proceeding with this Bill may result in some costs for the public authorities and third sector organisations involved in the review process. However there is potential for these costs to be offset by the learning generated from reviews and the subsequent improvement in practice.

The costs for the second part of the Bill are considered in detail in the Financial Memorandum for the Bill.

Other impacts

Part 1 – Criminal Justice Modernisation

There are benefits to be derived from the provisions in this Bill, including:

Positive impact

• Electronic signatures: Partners report that this provision has created significant efficiencies, and that expiring them would undermine progress towards a more modern justice system. Current uses of the provisions include all High Court indictments being received electronically and search warrants being granted remotely.
• Virtual attendance: This aims to make permanent current temporary provisions allowing people to attend a criminal court by electronic means (for example, by live video link). Making current temporary measures permanent in criminal cases would ensure that the court system can continue to function as efficiently as possible in a way which does not impede access to justice. It would also support the transformation to a more trauma-informed and person-centred justice system, by enabling the courts to tailor the mode of attendance to individuals’ circumstances where that is appropriate. Legal professionals have told us that it supports them to reduce their travel and the consequent time lost to travel e.g., the default use of virtual attendance for certain procedural hearings, allowing them to better focus resources.
• National callings from custody: These aim to make permanent provisions that enable all sheriffs to hear custody cases no matter where the accused is being held, no matter where the sheriff normally has jurisdiction, and no matter where the alleged offence took place.
• Fiscal fines: These aim to make permanent the increase in the maximum level of fiscal fine from £300 to £500 originally legislated for in the Coronavirus (Scotland) Act 2020, and retained on a temporary basis through the Coronavirus (Extension and Expiry) (Scotland) Act 2021 and the Coronavirus (Recovery and Reform) (Scotland) Act 2022 (the 2022 Act) to enable alternative action to prosecution to continue to be taken in a wider range of summary cases as an alternative to prosecution in court.
• Digital Productions: This provision supports modernisation in our justice processes and the way evidence is gathered and processed in the criminal justice system. More evidence than ever is being captured in a digital format with opportunity to further expand in this area. Given the benefits of being able to quickly and easily obtain and use digital images in the criminal justice system this provision allows images of physical productions to be admissible in evidence in the same way as if the item itself had been produced in court. This provision promotes the use of modern technology and will support greater efficiency across the criminal justice system and along with the proposal to have virtual trials could enhance the way that evidence is led to create improvements in the court experience.
• Alternative ways to authenticate copy documents: This provision aims to modernise the law and future proof it for technological developments that support alternative ways in which copy documents are authenticated.

Part 2 – Domestic Homicide and Suicide Reviews

The domestic homicide and suicide review provisions in the Bill are anticipated to have the following impact:

Positive impact

• establish lessons to be learned from domestic abuse related deaths and improve how local professionals and organisations work individually and together to safeguard victims and prevent future deaths;
• identify lessons to be applied both internally, within agencies, and externally, between agencies, agreeing timescales for implementation and expected outcomes;
• prevent domestic abuse related deaths and improve service responses for all domestic abuse victims and their children by developing a coordinated multi-agency approach to ensure that abuse is identified and responded to effectively and timely;
• contribute to a better understanding of the nature of domestic violence and abuse; and
• identify and facilitate the sharing of good practice both locally and nationally.

Negative impact

• there could be potential negative impact associated with the resource implications for public authorities and third sector organisations when contributing to a review; and
• there could be potential negative impact associated with the resource implications for public authorities and third sector organisations to implement the actions from the learning generated by reviews.

Scottish firms’ international competitiveness

Part 1 – Criminal Justice Modernisation

Not applicable.

Part 2 – Domestic Homicide and Suicide Reviews

Not applicable.

Benefits to business

Part 1 – Criminal Justice Modernisation

Not applicable.

Part 2 – Domestic Homicide and Suicide Reviews

Not applicable.

Small business impacts

Part 1 – Criminal Justice Modernisation

Not applicable.

Part 2 – Domestic Homicide and Suicide Reviews

Not applicable.

Investment

Part 1 – Criminal Justice Modernisation

The provisions of this Bill will not affect Scotland’s potential for investment.

Part 2 – Domestic Homicide and Suicide Reviews

The provisions of this Bill will not affect Scotland’s potential for investment.

Workforce and Fair Work

Part 1 – Criminal Justice Modernisation

The provisions in the Bill will not affect businesses’ or third sector organisations’ ability to meet the Fair Work First principles.

Part 2 – Domestic Homicide and Suicide Reviews

The provisions in the Bill will not affect businesses’ or third sector organisations’ ability to meet the Fair Work First principles.

Climate change/ Circular Economy

Part 1 – Criminal Justice Modernisation

The criminal justice modernisation provision in this Bill may have a net positive impact on the environment through the use of digital processes.

Part 2 – Domestic Homicide and Suicide Reviews

The domestic homicide and suicide review provisions in this Bill will have no impact on climate change/circular economy in Scotland.

Competition Assessment

The provisions in this Bill will have no impact on the competitiveness of markets in Scotland.

Consumer Duty

The Consumer Scotland Act 2020 defines a consumer as an individual or small business who buys, uses or receives goods or services in Scotland, or could potentially do so, supplied by a public authority or other public body.

In view of this definition, it is anticipated that the provisions in this Bill will have a positive impact on victims, witnesses and vulnerable parties, as it contains provisions that will deliver better outcomes and experiences for those who come into contact with processes of justice.