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

Assessment

It is assessed that the Bill will not have a significantly detrimental effect on island communities.

Although the distinct nature of the two parts of the Bill has different implications in relation to island communities it has been determined that neither part requires a full Island Communities Impact Assessment.

The rationale for not undertaking a full impact assessment for the first part of the Bill is based on the fact that there is no intention for the criminal justice modernisation provisions in the Bill to have a different effect on the island communities, and it has been assessed that the provisions in the Bill do not need to be developed in a way to improve or mitigate the outcomes for island communities.

The first part of the Bill is intended to improve the experiences of people who come into contact with the justice system through the modernisation of criminal procedures. The matters which have been identified in this assessment can be addressed or mitigated as part of implementation.

Consultation will be required to be undertaken with the Scottish Courts and Tribunals Service (SCTS) in relation to the implementation of the provisions relating to virtual hearings to ensure that there are adequate facilities across the island courts to support individuals who do not have access to digital technology at home.

The rationale for not undertaking a full impact assessment for the second part of the Bill is based on the fact that the domestic homicide and suicide review provisions are intended to allows lessons to be learned following a homicide or suicide where abuse is suspected, and it has been assessed that the provisions in the Bill do not result in any detrimental impact to island communities, allowing for sufficient flexibility to accommodate the needs of island communities as part of implementation.