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

Section 5: Next steps and implementation

Recommendations/ preferred options

On the whole, the recommendation is for the Bill to proceed. The preferred options for each of the two parts have been set out below.

Part 1 – Criminal Justice Modernisation

The recommended option to take forward to implementation is ‘Option 3 - Legislative option’.

While this may bring about some costs, it will – by far – bring about the most benefits. The evidence which has been considered throughout the policy development for the Bill clearly shows that the system can deliver efficient and effective services through a move to a more digitalised justice sector. Any costs that arise from these provisions can be offset through savings as outlined in the financial memorandum.

The proposed measures cannot be put in place without legislation, and any non-legislative approach is less likely to have a positive impact.

Part 2 – Domestic Homicide and Suicide Reviews

The recommended option to take forward to implementation is ‘Option 3 - Legislative option’.

It is considered that legislating domestic homicide and suicide reviews is a necessary and proportionate measure. This would enable such reviews to be undertaken with consistency at a national level, enabling the sharing of relevant information between organisations, and providing for statutory public appointments to oversee the process, ensuring its quality and effectiveness.

Furthermore, over three quarters (77%) of respondents to the online consultation and targeted engagement undertaken by the Scottish Government agreed that legislation should underpin Scotland’s Domestic Homicide Review model, with 15% of respondents unsure and 8% who disagreed. Comments from respondents stated that the Domestic Homicide Review model should be embedded within legislation and undertaken within set guidelines. Ensuring accountability was mentioned, especially from agencies such as the police, or agencies supporting perpetrators.

Implementation considerations/ plan

Part 1 – Criminal Justice Modernisation

The Scottish Government intends to take Part 1 of the Bill forward in the current parliamentary year 2024-25. Without this legislation, the temporary justice measures in this Bill will expire on 30 November 2025. In effect, these provisions are already in various stages of implementation. The two new provisions are currently being piloted and will be implemented once the legislation comes into force, on a staged basis

Part 2 – Domestic Homicide and Suicide Reviews

The Scottish Government intends to take Part 2 of the Bill forward in the current parliamentary year 2024-25 and implement as soon as possible thereafter.

Post implementation review

Part 1 – Criminal Justice Modernisation

The Scottish Government will closely work with Scottish Courts and Tribunals Service (SCTS), Police Scotland and Crown Office and Procurator Fiscal Service (COPFS) to review the implementation of the policies that form part of criminal justice modernisation part of the Bill.

Part 2 – Domestic Homicide and Suicide Reviews

Scottish Ministers are to publish and lay a bi-annual thematic report on domestic homicide and suicide reviews before the Scottish Parliament. The data from individual reports will be aggregated to produce the thematic report, however, such reports will be anonymised. A bi-annual thematic report will set out a number of thematic recommendations made in the reviews undertaken, as well as any actions resulting from recommendations, the progress made towards implementing recommendations, and where known, the impact of those actions/ changes.

Declaration

I have read the Business and Regulatory Impact Assessment and I am satisfied that, given the available evidence, it represents a reasonable view of the likely costs, benefits and impact of the leading options. I am satisfied that business impact has been assessed with the support of businesses in Scotland.

I am also satisfied that officials have considered the impact on consumers as required by the Consumer Scotland Act 2020 in completion of the Consumer Duty section of this BRIA.

Signed:

Date: September 2024

Minister's name: Angela Constance

Minister's title: Cabinet Secretary for Justice and Home Affairs

Scottish Government contact point:

Vallath Kavitha Krishnan, Criminal Justice Division, Criminal Justice Reform Unit, Directorate for Justice

Vicky Carmichael, Criminal Justice Division, Violence Against Women and Girls Unit, Directorate for Justice