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

The Scope of the EQIA

The Scottish Government has considered whether the provisions could constitute conduct prohibited by the Equality Act. The provisions will apply to a wide range of people across the range of protected characteristics. These proposals aim to provide better outcomes and experiences for those who come into contact with processes of justice irrespective of the characteristics covered under the Equality Act.

The Scottish Government has also considered whether the provisions could constitute direct or indirect discrimination. It is not anticipated that the provisions could give rise to more significant impacts on certain protected characteristics. However, due to the gendered nature of domestic homicide, it is expected that the reviews will have a particularly positive impact on women and children. Where any possible negative impact has been identified, the Scottish Government considers there are sufficient mitigations in place to address these potential impacts and this legislation is a proportionate means of achieving the aim of modernising criminal justice processes.

In respect of the domestic homicide and suicide review provisions, a period of consultation and targeted engagement was used to inform the development of the review model for Scotland and the provisions within this Bill. Those with lived experience of domestic abuse and those working in the field shared their views on fundamental aspects of the model process and during policy development which has included extensive stakeholder engagement. For details, please read the consultation analysis report and package of evidence.

In developing this EQIA the Scottish Government is mindful throughout of the three needs of the Public Sector Equality Duty (PSED), which are to: eliminate unlawful discrimination, harassment and victimisation; advance equality of opportunity between people who share a protected characteristic and those who do not; and foster good relations between people who share a protected characteristic and those who do not. Where any negative impacts have been identified, the Scottish Government has sought to mitigate or eliminate these.