If passed by MSPs, the Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Bill, would require a robust new review process to take place following the death of a partner, ex-partner, or child where abuse is known or suspected.

The reviews will ensure justice, health, social care, local government and third sector agencies identify and agree any areas for change and improvement so further deaths may be prevented.

Those with direct experience of domestic abuse and families who have been bereaved because of such abuse overwhelmingly backed the plans for this national multi-agency review model during a public consultation.

The model, informed by the work of a Scottish government-led multi-agency taskforce, is a key part of the new bill. 

As the bill was published, an information board at a previously unmarked memorial cairn in Holyrood Park was installed by Historic Environment Scotland. The cairn, built in memorial to domestic homicide victim Margaret Hall, who was murdered by her husband in 1720, was visited by Justice Secretary Angela Constance and partners involved in developing the review model.

Elsewhere, the new bill proposes measures to modernise the justice sector through greater use of digital technology, including evidence-sharing, and efficient processes. It will make permanent a number of temporary measures put in place during the pandemic which have improved how the criminal justice system works and which have support to become permanent measures. The reforms include allowing more virtual attendance at criminal courts, electronic signing and sending of documents in criminal cases and increasing the maximum level of fiscal fines that can be imposed.

Ms Constance said: “One death involving domestic abuse is one too many. While overall homicide rates are falling, there remains a significant number of victims who are killed by a partner or ex-partner, with the vast majority being women.

“Our plans for a new review process will ensure agencies across justice, health, social care, local government and the third sector are working together to identify what lessons can be learned following known or suspected domestic abuse deaths. I hope that identifying what needs to improve will mean there are fewer deaths of this kind. Ultimately, however, the change we need to see will only happen when those who perpetrate domestic abuse – the majority of whom are men – change their actions and behaviour.

“This is a dual-purpose Bill and some of the criminal justice measures included are already delivering better outcomes and experiences for those using justice services, so it is right that we look to make them permanent. The Bill, which is backed by justice partners including the Crown Office and Procurator Fiscal Service and the Scottish Courts and Tribunals Service, also supports greater use of digital technology, which will modernise the justice system even further.”

Fiona Drouet, founder and CEO of EmilyTest, said: “The introduction of domestic homicide and suicide reviews marks a critical step forward in Scotland. These reviews will help us better understand the warning signs so often missed before a tragedy. They will be crucial in helping to prevent so many avoidable deaths, whether by murder or suicide.

“I am privileged to have been invited to chair the Domestic Abuse Related Suicide Task and Finish Group under the Taskforce, helping to ensure that lessons are learned and precious lives are not lost. Through the support and expertise of my depute chair, Sarah Dangar, and the wider group, I am confident we will ensure meaningful lessons are learned.”

Kate Wallace, Chief Executive at Victim Support Scotland, said: “The Domestic Homicide and Suicide Review offers a unique opportunity for lessons to be learned from homicides and suicides within the context of domestic abuse in Scotland, so that we can help ensure these types of crimes can be prevented. 

“We welcome the opportunity to bring forward legislation which will embed this entirely new approach for Scotland, and fully acknowledge the work and collective efforts required to address the unique issues inherent to this type of crime. We welcome these progressive measures, especially how victims will be considered within the legislation.”