Faculty backs changes related to new domestic abuse offence

The Scottish government has identified four areas for reform - a new standard bail condition prohibiting an accused from obtaining precognitions or statements from a complainer except through a solicitor; a ban on accused persons conducting their own defence; the introduction of expert evidence about the behaviour of the complainer; and, on conviction, mandatory consideration of a criminal non-harassment order.

In response to a Scottish government consultation, the Faculty said that the bail condition and the ban on accused conducting their own defence would mirror the current situation in relation to sexual offences.

“The Faculty agrees that there is force in adopting this approach bearing in mind the common characteristics of the offences of domestic abuse and sexual abuse,” it added.

Similarly, expert evidence would treat domestic abuse and sexual abuse cases in the same way.

“The Faculty believes that in appropriate cases relevant expert evidence may assist the court in its assessment of the credibility and reliability of the complainer,” said the Faculty.

On non-harassment orders, the Faculty observed that a sentencing judge would not be required to impose an order (NHO), rather it must be considered as part of the sentencing process.

“The Faculty also notes that it is proposed that the court should provide reasons for its decision to make or refuse to make an NHO. The Faculty believes that the proposed reforms will add transparency to the sentencing of persons convicted of domestic abuse offences.”