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

Who will the Bill affect?

Part 1 – Criminal Justice Modernisation

The Bill will primarily affect

• justice agencies
• victims and witnesses in criminal cases
• people accused of crimes
• third sector support organisations
• the legal profession
• jurors

Information relating to island communities

Crime and victimisation

At the last census (2011), a total of 93 islands in Scotland were inhabited, with a total population of 103,700 (2% of the total population of Scotland). Data from the 2022 census began to be released in late 2023 but, at the time of writing, no data was available for individual Scottish islands or areas defined by the Scottish Island Regions (2023) geography.

However, data already released from the census shows that, in 2022, the population of Scotland was estimated to be 5,436,600. Population breakdowns for local authority areas have also been released, meaning we can assess population change in island-only local authority areas. In these three local authority areas Na h-Eileanan Siar and Shetland saw a population decreases since 2011 (down 5.5% and 1.2% respectively) while the population of Orkney has grown by 3% over the same period.

According to the national statistics on recorded Crime in Scotland between 2022-23, the crime rate of the islands is generally very low.

In 2022/3 there were 228, 278 and 308 crimes per 10,000 people from Orkney, Shetland and Na h-Eileanan Siar local authorities respectively (compared to the 528 crimes per 10,000 people across Scotland on average). Highland local authority and Argyll and Bute local authority, which cover a number of island communities as well as communities on the mainland, also have crime rates that are below the Scottish average (424 crimes per 10,000 people for the former and 370 crimes per 10,000 for the latter).

North Ayrshire, which includes the islands of Arran and the Cumbraes, has a crime rate closer to the average across Scotland (511 per 10,000 people).

Participation in court proceedings

There are five Sheriff Courts located in island communities. These courts are at Lerwick, Kirkwall, Stornoway, Lochmaddy and Portree.

People living in island communities who are required to participate in court proceedings, may have to travel to courts on the mainland.

In July 2023, issues with staffing the prisoner escort service led to jury trials at island sheriff courts being moved to the mainland. The order was only lifted in February 2024. This indicates that people living in island communities are vulnerable to issues that can impact local access to justice.

Part 2 – Domestic Homicide and Suicide Reviews

The Bill will primarily affect:

• Relevant public authorities, where a ‘relevant public authority’ is (not exhaustively):
  • a local authority,
  • a health board constituted under section 2(1)(a) of the National Health Service (Scotland) Act 1978,
  • a special health board constituted under section 2(1)(b) of the National Health Service (Scotland) Act 1978,
  • the chief constable of the Police Service of Scotland,
  • the Scottish Police Authority,
  • the Lord Advocate,
  • the Scottish Courts and Tribunals Service,
  • the Scottish Ministers in the exercise of their functions under the Prisons (Scotland) Act 1989,
  • Community Justice Scotland,
  • Social Care and Social Work Improvement Scotland,
  • the Scottish Social Services Council,
• victims and witnesses in criminal cases
• family members, friends, and colleagues of victims and perpetrators in criminal cases
• victim support organisations
• third sector support organisations
• victims of domestic abuse (men, women and children)

Information relating to island communities

The statistics on domestic abuse and stalking charges in Scotland 2022-23 published by the Crown Office and Procurator Fiscal Service (COPFS) indicate that in 2023-23, in the Grampian, Highland and Islands, there were a total of 3,717 charges with a domestic abuse identifier.

The average number of homicide victims per annum that are killed by a partner or ex-partner, is 9. In 2022-23, there were 8 homicide victims killed by a partner or ex-partner. These comprised of 6 female victims (46% of all female homicide victims) and 2 male victims (5% of all male victims). Between 2018-19 and 2022-23, there were 42 victims killed by a partner or ex-partner (34 female victims and 8 male victims). Between 2013-14 and 2022-23 there were 89 victims killed by a partner or ex-partner (63 female victims and 26 male victims).

The statistics indicate that in 2022-23, the majority of homicides occurred in the central belt, with Glasgow City, North Lanarkshire and the City of Edinburgh recording the highest number of homicide victims (seven each). There were no homicides recorded in an island community in 2022-23 where a victim was killed by a partner or ex-partner.

The Homicide in Scotland Statistics for 2023-24 are expected to be published in October 2024.