Domestic abuse: justice partners group minutes - September 2024

Attendees and apologies

• Crown Office and Procurator Fiscal Service (COPFS)
• Judicial Institute for Scotland
• Justice Analytical Services (JAS)
• Police Scotland (PS)
• Scottish Courts and Tribunal Service (SCTS)
• Scottish Government (SG)

Items and actions

Previous actions

Scottish Government

SG updated members on previous actions from the third meeting in May. 

SG advised members that COPFS had shared further information on other relevant VAWG research and had liaised with SG colleagues on available data in relation to Petition:1887.

SG had also shared a link to the data mapping tool with members following the previous meeting to enable members to update the tool with publication information.

Main agenda items

Update on developing a statutory aggravator

SG updated members on this area following the petition and debate in Parliament to Create an Unborn Victims of Violence Act.  This petition calls on the Parliament and Government to create an offence or aggravation to address cases where a domestic abuse offence causes the loss of an unborn child.

SG advised members on the work to date following the Cabinet Secretary’s letter to the Convener following the debate where the Cabinet Secretary outlined her intention to progress discussions with justice partners to develop policy for how a statutory aggravator for causing miscarriage through acts of domestic abuse could operate.

SG advised members on the specific areas of consideration in developing a statutory aggravator and outlined that SG Officials have liaised with colleagues in COPFS to understand the current law and the operational aspects of developing an aggravator.

The area of causation was discussed with members, including the practical difficulty in proving a link in a domestic abuse incident and resulting miscarriage alongside how evidence could be led in this area. 

It was also discussed with members that in developing an aggravator, this can enable the opportunity to cover more victims, for example, it may be sufficient to only require the victim to be pregnant, regardless of whether the abuse resulted in a miscarriage. This was discussed in relation to evidence from the World Health Organisation that outlines evidence of the harms caused by domestic abuse to those who are pregnant and their unborn child, as well as the fact that irrespective of what may happen in a particular case, a perpetrator who abuses a partner who is pregnant  risks causing such harm. This could therefore enable a wider scope on domestic abuse in pregnancy.

Other areas of consideration where discussed including whether knowledge of the pregnancy should be required by the accused.

It was also discussed whether the statutory aggravator should be restricted to domestic abuse crimes, with officials outlining this would be the focus of consideration in developing the aggravator.

To support the importance of transparency it was also discussed that a statutory aggravator would require the court to state what difference it made to any sentencing outcomes.

SG Officials outlined that members are welcomed to share any views as this work develops and that continued liaison with COPFS will take place as this work progresses. Members will also be updated as to potential time frames and further stakeholder engagement opportunities out with roundtable members in the development of this work.

Improving the evidence base 

Justice Analytical Services 

JAS updated members on the development of the tracker to collect publications and data sets to manage and raise awareness on when publications come out and to better understand evidence gaps.

JAS updated members on the status of the tracker with all organisations nominating someone within their organisation to update the tool. 

SCTS outlined there may be potentially more data to add due to the ongoing work of the Summary Case Management Pilot.

JAS outlined the importance in updating the Equality data tab and the next steps in building the trackers. This includes reviewing the current data inputs and outlining how often this will require to be updates and reviewing what MI we are collecting.

JAS also outlined the potential work of a JAS intern. The internship will focus on identifying and mapping tech facilitated VAWG data held by statutory partners in justice.

JAS also updated partners on a wider and longer term strand of work under the Equally Safe Delivery Plan to map VAWG data and develop a measurement framework.

Key themes from CSJHA recent meeting with victims from BBC disclosure documentary

SG updated partners on the main themes from the Cabinet Secretary’s recent meeting with some of the victims from the BBC Disclosure documentary.

SG outlined the civil and criminal interaction and how this had impacted the individuals who met with the Cabinet Secretary. Partners discussed the ongoing civil/criminal workshops and how these experiences might be considered within the context of this work as it progresses. 

The area of plea negotiations was also outlined as this came through strongly in the meeting with the victims and SG Officials outlined the impact this had on the individuals within the meeting. COPFS outlined the current process for including victims in the plea negotiation process and it was discussed how the feedback could be taken forward.

Lived experience feedback was discussed collectively across the court process, including through plea negotiations and COPFS outlined how feedback from the individuals in the meeting could be sought as part of an internal domestic abuse focus for the month of October within COPFS. Officials agreed to follow up separately on this matter.

SG Officials outlined the area of bail within the meeting and the challenges felt by individuals in this area. It was also suggested that the use of electronic monitoring should be a prerequisite for perpetrators of domestic abuse. Partners discussed the wider bail reform work and the need for victim’s views to be considered as part of this process.

Disclosure Scheme for Domestic Abuse Scotland (DSDAS)

Members also discussed the current Disclosure Scheme for Domestic Abuse Scotland (DSDAS) where Police Scotland outlined up to data statistics on the use of the scheme. 

The Group discussed if more was needed to be done to raise wider public awareness of the scheme, including a need to increase accessibility and thoughts around the potential to refresh the current websites. 

AOB

SG outlined the Scottish Law Commission’s project on Civil Remedies for Domestic Abuse, noting that they are due to publish a Discussion Paper for comment. 

Conclusions and observations  

Scottish Government 

SG will send a Doodle Poll to Roundtable members to establish the date for the next meeting. SG will also share agenda items in advance and seek any potential agenda items from members. SG will send a meeting note to Roundtable members for review prior to the next meeting and will upload this to the roundtable webpage.

Next steps/actions

• SG will send a Doodle Poll to Roundtable members to establish the date for the next meeting. 
• SG will circulate agenda items ahead of the next meeting and seek feedback from members on potential areas of discussion. 
• SG will send a meeting note to Roundtable members for review prior to the next meeting. 
• SG will continue to engage with COPFS colleagues in the development of a statutory aggravator.
• SG will liaise with COPFS on the inclusion of lived experience within COPFS’ internal focus and awareness raising of domestic abuse in October.
• SG to share wider feedback from the Cabinet Secretary’s meeting with the victims from the BBC documentary with members to follow up on specific themes raised within the meeting.
• SG will have further discussions with Police Scotland regarding the current DSDAS Scheme with a focus on wider awareness raising.
• SG will liaise with members regarding specific follow up actions following the Cabinet Secretary’s meeting with victims from the BBC documentary.