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

Section 4: Additional implementation considerations

Enforcement/ compliance

Part 1 – Criminal Justice Modernisation

The implementation of the measures in the Bill is a matter for the Scottish Courts and Tribunals Service (SCTS), Crown Office and Procurator Fiscal Service (COPFS), Police Scotland, and local authorities who will be primarily responsible for its implementation.

Police Scotland leads on the contract management for the delivery of the Digital Evidence Sharing Capability (DESC), but in practice, this has been a shared responsibility with the Scottish Government.

Part 2 – Domestic Homicide and Suicide Reviews

The domestic homicide and suicide review provisions in the Bill allow for a range of delegated powers, such as:

• enabling powers to modify the scope and name of the review;
• provisions establishing a review oversight committee, chair, deputy chair and case review panels and chairs;
• provisions requiring the notification of any death of which the notifying body is aware which it believes is a reviewable death;
• provisions ensuring a review does not prejudice another live investigation or proceedings;
• provisions ensuring co-operation, participation, and recovery of information; and
• reporting requirements.

UK, EU and International Regulatory Alignment and Obligations

Internal Market/ Intra-UK Trade

The provisions in the proposed Bill would not result in any policy or regulatory divergence between UK nations.

International Trade Implications

The provisions in the proposed Bill would not result in any implications on international trade.

EU Alignment consideration

The provisions in the proposed Bill would not affect the Scottish Government’s policy to maintain alignment with the EU.

Legal Aid

The provisions in the proposed Bill would not result in any implications on fulfilling individuals' right to access to justice through availability of legal aid and possible expenditure from the legal aid fund.

Digital impact

Part 1 – Criminal Justice Modernisation

The intended impact of these provisions is a positive change to people’s experience of the justice system by continuing the strides made during the pandemic and making permanent ways of working, which are already operational within the system, and look towards the future.

In practical terms, all the provisions that form of this part of Bill are aimed at digitising justices to improve effectiveness and efficiencies in the justice system. The measures would also enable flexibility, appropriate choice and a person-centred approach in the way processes are managed for those who use the system, including victims, witnesses and the accused and maximise the use of technology where appropriate in our procedures and practices. Crucially it does not remove the ability to work in non-digital ways as these can be retained and utilised at the discretion of justice agencies as deemed necessary.

Part 2 – Domestic Homicide and Suicide Reviews

The undertaking of domestic homicide and suicide reviews will take account of changing digital technologies, and the provisions in the Bill would be applicable both to a digital/ online context and a traditional one.

Business forms

Part 1 – Criminal Justice Modernisation

The criminal justice provisions in the proposed Bill do not bring in any new forms for businesses etc.

Part 2 – Domestic Homicide and Suicide Reviews

The domestic homicide and suicide review provisions in the proposed Bill are likely to bring in a number of new forms for public authorities and third sector organisations to complete for monitoring or reporting. The development of such forms would be taken forward by the Model Development Subgroup and the Task and Finish Groups, with a commitment to test run the forms with those who will be using them to ensure that they are fit for purpose and easy to use.