Domestic Abuse (Scotland) Act 2018: interim reporting requirement

8. Areas for Improvement – Key Messages from Victims and Witnesses

Main Findings

• Improved training, understanding and a more trauma-informed approach - All three reports called for a better understanding of domestic abuse and its impact on victims and their families by justice professionals. Suggestions for improvement included improved communication, more training on domestic abuse and trauma-informed practice, and greater use of remote, earlier, pre-recorded evidence.
• Improved knowledge, communication and information sharing – The research called for increased public and professional awareness of the Act and what constitutes criminal behaviour. The need for accessible, timely and ongoing communication to keep victims and witnesses informed about the progress of a case was emphasised.
• Choice, empowerment and taking a person-centred approach - All three reports highlighted the desire of victims and witnesses to be heard and to have agency and choice, and, the crucial role of advocacy in facilitating this. Suggestions for improvement included removing vulnerable witnesses from adversarial court settings and giving evidence earlier.
• Expanding support for victims and witnesses - The need for increased support and advocacy, beginning earlier and lasting for as long as needed, was highlighted as important for victims' and witness' wellbeing and recovery.
• Quicker, more efficient processes - A common theme was the need for quicker and more efficient processes, particularly in relation to hearing cases in court.
• Ensuring safety for victims and witnesses and their families - The research suggests that many research participants felt that more could be done to protect them and their families from further harm at all stages of the process. The scope and application of NHOs was highlighted as an area for further review, especially in relation to children and other 'third parties'.

Suggestions from the victims and witnesses who participated in the research point to a number of areas for improvement. Across the reports there was a consistent call for better communication, a more trauma-informed, person centred approach and faster, more efficient processes which better protect victims and witnesses and their families from harm. The value and importance of working with people with lived experience to improve the system was also emphasised.

It is worthwhile noting that many of the suggestions align with strategies, policies and initiatives already underway or planned. These include the Equally Safe Strategy, the Victims Code for Scotland^[43] and The Vision for Justice in Scotland as well as specific developments including the virtual summary criminal trials pilot for specialist online domestic courts, the Scottish Child Interview Model (SCIM) for joint investigative interviews and the Bairns' Hoose (Barnahus) model for child victims and witnesses. There is also the work commissioned by the Victims Taskforce this year to ensure all staff working with witnesses are trauma-informed^[44], and the work being progressed to deliver on the Programme for Government Commitments, including plans to introduce a Criminal Justice Reform Bill.

Improved training, understanding and a more trauma-informed approach

All three reports called for a better understanding of domestic abuse and its impact on victims and their families by justice professionals. The women's survey report states that 'relatively small changes in improved communication, empathetic treatment and more training on domestic abuse and trauma-informed practice for professionals would make a significant difference to women's experiences of justice'. (p42).

"I think that people within the system need to be better trained and made to understand the state of the person that they are dealing with. The nature of abuse means that an abuse victim is a terrible witness… They will often (especially in the case of coercive control) not have had any clear cut moments of saying no (e.g. to sex) or will have agreed to things that they didn't want to happen - because that's how it works…Those taking statements and creating the cases need to work with the victims with this in mind. So many crimes are being dismissed, passed over, because the victims (survivors) are not given a real chance to get their story across." (Women's Survey Report p42)

The qualitative research goes further and suggests the need to remove vulnerable adult and child victims/witnesses from court settings, arguing that remote, earlier, pre-recorded evidence would reduce trauma and promote recovery.

In the men's survey, respondents also called for better understanding and training on domestic abuse by professionals, in particular the prevalence and impact of abuse on male victims. Respondents emphasised the need to listen to and believe male victims of domestic abuse, and for more recognition of the role men play in parenting and children's lives.

Improved knowledge, communication and information sharing

The research called for increased public and professional awareness of the Act and what constitutes criminal behaviour. Some participants in the qualitative research indicated a desire for clear national messaging about this. The qualitative research report also calls for wider use of DASA provisions, particularly in relation to the prosecution of psychological abuse and recognition of harm to children. Given the small sample size, further investigation would be needed to explore how widespread the issues raised are, particularly as the Act beds in and the justice system recovers from the COVID-19 pandemic.

It appears that many research participants found the progress of a case confusing. Lack of understanding of the process, the possible outcomes, the rationale for decisions, the roles and responsibilities of the various agencies and the language and terminology used in the justice system was noted. The need for accessible, timely and ongoing communication to keep victims and witnesses informed of what is happening (even if that is to let them know there has been no progress and why) was identified as critical for victim satisfaction.

"Improve communication - felt I always had to contact them to find out what was happening." (Women's Survey Report, p42)

The qualitative research report called for better collaboration between the police, procurator fiscal and the victim/witness to build a case together.

Choice, empowerment and taking a person-centred approach

Closely linked to the need for better communication was the theme of embedding a victim-centred approach which fosters a sense of control, enables choice and recognises individual needs. All three reports highlighted the desire of victims and witnesses to be heard and have agency and choice; for example, choice in how/where they (or their children) give evidence and which, if any, special measures they use; involvement/understanding of what and how evidence is used; and, a say in the use of protective measures e.g. NHOs. The crucial role of advocacy was highlighted in enabling many of these factors.

The qualitative research report described a range of suggestions from participants to make the system more victim-centred. These included 'giving evidence soon after reporting; having someone 'on their side', representing them; removing both adult and child victims/witnesses from the adversarial court arena; early 'closure' for victims/witnesses; and access to immediate and ongoing trauma recovery support for victims and associated children.' (p73)

Expanding support for victims and witnesses

The need for increased support and advocacy, beginning earlier and lasting for as long as needed, was highlighted as important for victims' and witness' wellbeing and recovery. The qualitative research report noted that access to support at an earlier stage in the legal process (for adults and all associated children, not just the cited witnesses) would have made a positive difference to victim/witness wellbeing, as would one named justice contact connected to the court case. The research also suggested a need for support to recognise the unique circumstances and vulnerabilities that different victims and witnesses may present with, for example children and young people, and male victims of domestic abuse.

Quicker, more efficient processes

Not surprisingly, given the unprecedented upheaval to the justice system over the period affected by the COVID-19 pandemic, a common theme was the need for quicker and more efficient processes, particularly in relation to hearing cases in court. Both the women's survey and the qualitative research report highlighted the stress and emotional cost that long delays, sometimes years, and multiple adjournments placed on victims and witnesses. The need for quicker processes was therefore highlighted as a priority.

Ensuring safety for victims and witnesses and their families

Lastly, but most importantly, the research suggests that many research participants felt that more could be done to protect victims and witnesses and their families from further abuse and intimidation before, during and after a domestic abuse court case. The women's survey report suggests that more protection should be put in place whilst a case is progressing as some participants reported feeling unsafe and vulnerable. Similarly, the qualitative research report presses for further efforts to maximise victims' and witnesses' safety at all stages of the process, including immediately after reporting and post court. The scope and application of NHOs was highlighted as an area for further review, especially in relation to children and other 'third parties'. Whilst evidence on victim safety was limited in the men's survey report there were clear signs of continuing abuse at different stages. Participants in the qualitative research were reported to have stressed how the safety and needs of the whole family needed consideration in decision-making, and this was also reflected in the priorities identified by children and young people in the accessible report 'Justice, Safety and Support'.