Bill will not undermine definition of domestic abuse in any way – Constance

New legislation will not “in any way” undermine the definition of domestic abuse in Scotland’s criminal law, the Justice Secretary has said.

Angela Constance said guidance and explanatory notes around the Bill currently going through the Scottish Parliament would make the distinction clear.

The Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Bill would require reviews to take place following the death of a person where abuse by their partner or a former partner is known or suspected.

Campaigners have said these reviews could be “life-changing” for people suffering domestic abuse.

The Crown Office has previously warned MSPs the scope of deaths which would be included in the reviews is too wide.

Emma Forbes, national lead for domestic abuse at the Crown Office, said it risked “diluting” the definition of domestic abuse and undermining Scotland’s approach to the issue.

On Tuesday, MSPs debated the general principles of the Bill at stage one.

Opening the debate, Ms Constance said the Bill will bring about Scotland’s first model of domestic abuse deaths.

The Justice Secretary said she recognised concerns from the Criminal Justice Committee that the provisions should not “undermine the widely recognised definition” of domestic abuse in Scotland.

Ms Constance said: “I can reassure members that the review model and the scope of it do not in any way undermine the definition in the Domestic Abuse (Scotland) Act 2018, as their purposes are different and distinct.”

She said the Bill focuses on learning from deaths where there has, or appears to have been, domestic abuse involved.

Ms Constance continued: “I fully recognise that the use of language and definitions are of paramount importance in terms of the review model.

“Therefore I will ensure that this distinction is reaffirmed within the statutory guidance and the consultative process which will be part of its development.”