Criminal justice modernisation bill passed at Holyrood

Criminal justice modernisation bill passed at Holyrood

Legislation that aims to reduce the number of domestic abuse-related homicides and suicides in Scotland and also update the criminal justice regime has been passed unanimously at Holyrood.

The Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Bill will legally require a new “robust review process” following the death of a partner, ex-partner, or child where abuse is known or suspected.

The reviews, which are expected to start next spring, will mean that where there has been a death of this nature, justice, health, social care, local government and third sector agencies must work together to identify and agree any areas for change and improvement so further deaths may be prevented.

The Law Society of Scotland welcomed the bill’s modernisation measures but called for urgent investment to ensure they work in practice.

The bill includes changes that were introduced during the pandemic and will become permanent under the new legislation. These include virtual attendance in court, digital reproduction of evidence, electronic signing of documents, the status of digital documents, and where sheriff court matters should appear in the first instance. Part two of the bill will also introduce a new review process following the death of a partner, ex-partner, or child where abuse is known or suspected.

Stuart Munro, convener of the Law Society of Scotland Criminal Law Committee, said: “We are pleased that beneficial changes brought in during the pandemic will become permanent in law. Digital processes alongside the flexibility offered by virtual hearings have had a significant impact in streamlining court procedures as well as helping to improve the experience of people interacting with the courts.

“However, while we are supportive of the legislation, the entire justice system remains under enormous strain. Urgent, across-the-board investment is needed to ensure we have an effective and sustainable justice system that serves the Scottish public over the long term.”

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