New law could ‘dilute’ definition of domestic abuse, Crown Office warns MSPs

New legislation risks “diluting” the definition of domestic abuse and undermining Scotland’s approach to the issue, the Crown Office has warned MSPs.

A Scottish Government 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, as well as after the death of a child in similar circumstances.

However the prosecution service has said the scope of deaths which would be included in the reviews is too wide.

The Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Bill is currently being scrutinised by MSPs at stage one.

Emma Forbes, national lead for domestic abuse at the Crown Office, spoke to Holyrood’s Criminal Justice Committee on Wednesday.

She said Scotland’s current definition of domestic abuse, with the most recent legislation dating to 2018, is recognised as a “gold standard” internationally.

While the Crown Office supports the proposed Domestic Homicide Suicide Reviews, she called on MSPs to tighten up the definitions in the Bill.

She said: “We’re just concerned about inconsistent Government policy here and inconsistent definitions.

“It really matters that when we’re talking about domestic abuse, we’re all talking about the same thing.

“In Scotland, we recognise that’s intimate partner abuse.”

She said the Crown Office considers fatal accident inquiries in all cases of sudden and suspicious deaths, calling on MSPs to consider how the reviews could be financed in a “trauma-informed” way.

There should be only one definition of domestic abuse, she argued, saying “it shouldn’t matter whether you live or die”.

Written evidence from the Crown Office said the Bill’s definition would include the suicides of a person of any age who suffered abuse by a partner or ex-partner of a parent – even in circumstances where no recognised inter-partner abuse occurred.

Ms Forbes continued: “The definition (of domestic abuse) in Scotland is tight, and other jurisdictions look to us and say ‘actually, you’ve been brave and you’ve recognised that there’s a unique dynamic between couples in a relationship’.

“The 2018 Act privileges that and I fear that this may dilute Scotland’s whole approach.”