Sheriff Principal Pyle proposes domestic abuse reforms

A sheriff principal has suggested a number of reforms to the handling of domestic abuse cases, among them bringing serious cases to trial within weeks.

Derek Pyle, Sheriff Principal of the Grampian, Highlands and Islands proposed the reforms in a lecture in Edinburgh yesterday where he outlined how victims’ experiences in the justice system could be improved.

He suggested greater use of powers to process cases outside of courts and that trials in summary cases should commence within 21 days of an initial court appearance as well as support programmes for abusers.

He also lent his support to the creation of a new offence of domestic abuse with severe consequences for serial offenders.

Scottish Women’s Aid, who were also represented at the event, backed much of Sheriff Principal Pyle’s proposals but disagreed with his idea of diverting “so-called less serious cases” from the courts.

Pointing to “faults” within the criminal justice system, the Sheriff Principal said some people can be “let down by the system in its many guises”. In particular he pointed to “trivial” incidents being treated as alleged domestic abuse and situations that see both parties arrested.

He said: “Bearing in mind that it is on the one hand essential to continue the fight against domestic abuse but on the other to recognise that present policies can create injustice for the very group they are intended to protect, what should be done?”

On the creation of a specific offence to deal with the issue, he said: “A distinct offence of domestic abuse should open up for consideration by the police, prosecutors and the courts the underlying behaviour which led up to the final act which caused the complaint and the arrest.”

He added many sheriffs find themselves dealing with cases that are little more than domestic arguments and said the criminal courts should not be “first port of call”.

He added: “The fundamental change that is required is in the steps taken in all the other cases short of a court appearance. That is where the police and the prosecutors have a vital role to play. There should be no let up… in investigation and evidence collection, but the police and prosecutors should consider first of all whether the underlying problems can be addressed.

“That is not a soft option. Nor, if properly presented, should it be seen by the complainer as being unsupportive of her predicament. There are mechanisms available to police and prosecutors to divert cases away from the courts. There has in recent years been a drop off in the use of these powers. They should be used far more than they are.”

Changes will mean domestic abuse cases will have an eight to ten week target for going to trial but Sheriff Principal Pyle said this was “still far too long”.

He said: “I see no reason why the trial should not go ahead in three weeks. To do that will require assistance from the likes of the Scottish Legal Aid Board, although they will tell you that provided all the necessary information is given they will turn round applications in 48 hours.

“But more importantly it will work only if the number of cases which proceed through the court is reduced to those I have described as the most serious ones, to which would be added those where the abuser still misguidedly thinks that he might get off.”

Dr Marsha Scott, chief executive of Scottish Women’s Aid, welcomed the proposals, saying: “We couldn’t agree more that short court waits reduce witness attrition and reduce further revictimisation of women and their children, and we are on the same page about a need for a specific offence that reflects our understanding of domestic abuse as an attack on women’s autonomy, liberty, and independence.”

But she added she was less keen on the diversion of certain cases from prosecution.