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

Summary of proposals in the Bill

Electronic signatures: to make permanent current temporary provisions around electronic signing and sending of documents in criminal courts. They are heavily used and there is widespread support for making them permanent. Partners report that they have 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: 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.

National callings from custody: 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. The provisions are also being extended to provide similar powers to Justice of the Peace courts.

Fiscal fines: 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: An area that supports modernisation in our justice processes is 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 ensures that images of physical productions are admissible in evidence in the same way as if the item itself had been produced in court.

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.

Definition and scope of a domestic homicide or domestic abuse related suicide review: In defining the scope of the model, the provisions will include cases of those who are or are believed to be, victims of behaviour set out within the Domestic Abuse (Protection) (Scotland) Act 2021. The types of death that will be covered by the Bill’s review mechanism are:

• those killed by a partner or ex-partner;
• someone killing their children or the children (of any age) of their partner or ex-partner;
• violent resistance where a victim of domestic abuse kills their abusive partner/ex-partner;
• someone killing children/young people who live in the same household as them or their partner/ ex-partner;
• domestic abuse related suicide; and
• connected deaths of children and young people (those who die as part of a domestic abuse related death (or a near-miss) but who may or may not be related to the victim or perpetrator).

For the purposes of the review, a young person means a person who is under 18 or up to the age of 26 for care experienced individuals.

Enabling power to modify the scope and name of the review model: As a means to futureproofing the legislation, a power is being taken in the Bill to enable the extension of the review model to other relationships and/ or to events other than death in future.

Provision to establish a review oversight committee, chair, deputy chair, case review panels and chair: In considering the approach to take in Scotland, the Taskforce and Model Development Subgroup explored the approaches adopted by other jurisdictions in terms of domestic homicide and suicide reviews and considered review processes undertaken currently in Scotland. It determined that a Review Oversight Committee in respect of domestic homicide or suicide reviews, was necessary to ensure the process was independent and robust. The Bill will enable the Review Oversight Committee to establish Case Review Panels as required for the purpose of carrying out domestic homicide or suicide reviews.

Provisions requiring the notifying body to notify of any death which meets the review criteria: The Bill will place a duty on the Chief Constable and the Lord Advocate to notify the Review Oversight Committee in writing of any death of which the notifying body is aware which it believes is a reviewable death. A copy of the notification is also to be provided to the Scottish Ministers.

Provisions to ensure a review does not prejudice any other live investigation or proceedings: The Bill will include a power for the Lord Advocate to pause or stop a review where the Lord Advocate deems this necessary in order to prevent potential prejudice to a live investigation of a death or to criminal proceedings or a Fatal Accident Inquiry relating to it (including protecting the outcome of proceedings).

Provisions to ensure co-operation, participation and recovery of information: In order for a review to be undertaken, information on the victim(s) and the perpetrator (where being considered) needs to be shared with the review. A duty to participate, co-operate and to share information through a legal data gateway is a key component of the Bill that will support the review process to operate successfully.

Reporting requirements: The Bill will contain a series of reporting requirements which will require the Scottish Ministers to lay regular thematic reports in Parliament.