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 attendance at criminal courts.

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

It said the current absence of domestic abuse death 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 re-traumatise 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.”

The Scottish Government has been contacted for comment.