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

Recommendations and Conclusion

The Scottish Government has assessed the potential impact of the proposed Bill on equal opportunities and has determined it does not unlawfully directly discriminate with respect to any of the protected characteristics (including age, disability, sex, pregnancy and maternity, gender reassignment, sexual orientation, race, religion or belief, marriage or civil partnership). Where provision might potentially indirectly impact on equality, the Scottish Government considers the impacts are adequately mitigated and a proportionate means of achieving the legitimate aim of modernising criminal justice provisions.

With respect to part two of the Bill, the provisions will also help identify lessons to be learnt following a death where abuse is suspected. The EQIA highlights that domestic homicides is a gendered crime and therefore people who may particularly benefit from provisions in this part of the Bill are women. However, men are also victims of domestic homicide therefore the provisions of the Bill will also benefit male victims of abuse. As the scope of the model will also include children and young people, there will also be benefits within this aspect of the Bill, including through the participation of children and young people in reviews, should they choose to participate.

The enabling powers of the Bill gives the opportunity to the potential of widening the scope in the future. This could provide benefits to other groups, such as minority and ethnic communities with the opportunity for honour based killings to also be included in the future.

Overall, the EQIA has identified no significant negative impacts associated with the policy content of the Bill and the Scottish Government has concluded that no changed to the Bill policies are necessary as a result.