New law must not undermine existing definition of domestic abuse, say MSPs

The definition of domestic abuse in new legislation must align with existing laws in order to avoid undermining the commonly understood definition, a cross-party group of MSPs has said.

It comes after the Crown Office warned MSPs a new justice reform Bill risks “diluting” the approach to domestic abuse.

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.

The Bill also expands the use of virtual attendances at criminal courts.

Holyrood’s Criminal Justice Committee has backed the general principles of the Government Bill, but says more detail on these virtual attendances is needed.

It said the current absence of domestic abuse deaths reviews means opportunities to learn lessons are being missed.

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

Earlier this year, the Crown Office said the Bill’s definition of domestic abuse deaths was too wide and would include the suicides of a person of any age who suffered abuse by a partner or ex-partner of a parent.

Emma Forbes, national lead for domestic abuse at the Crown Office, told the committee that Scotland’s existing definition is highly regarded internationally and the new law could “dilute” the approach.

In its Stage One report, the Criminal Justice Committee said: “We heard conflicting views on whether the definition used in the Bill was too wide in scope and that we need to stick to the definition in the 2018 Act.

“On the other hand, we recognise that many of those experiencing domestic abuse do not report their abuser to the police and a broader definition will create wider opportunities for learning through the review process, and to prevent future deaths.

“It is important that the approach taken in this Bill does not undermine the existing definition in the 2018 Act.

“We, therefore, seek reassurances from the Scottish Government that there is nothing in the Bill that will undermine the commonly understood definition of domestic abuse in Scotland.”

Committee convener Audrey Nicoll said the current lack of domestic abuse death reviews is an “oversight” which must be addressed.

She added: “It is important that these reviews are adequately resourced, do not duplicate work and do not retraumatise victims’ families.

“We also support other aspects of the Bill which aim to modernise the justice system and use technology to improve efficiencies, including the use of electronic signing and sending of documents in criminal cases and the use of digital evidence.”

Responding to the committee’s report, Justice Secretary Angela Constance said: “I welcome the committee’s agreement on the general principles of the Bill and its support for a robust new review process to take place following known or suspected domestic homicide or suicide.

“These reviews will ensure agencies across justice, health, social care, local government and the third sector work together to identify what lessons can be learned, with the aim of preventing future such deaths.

“We consulted on the range of deaths and events that should be included in the review process. The types of deaths where there was 90% or higher support for inclusion have been reflected within the definition in the Bill. We will work with the committee and stakeholders to provide any assurances required around this definition.”