Abusive Behaviour Bill given stage 1 backing in MSPs' report
The bill to tackle "revenge porn", and require particular jury directions in certain trial situations, has been given backing in principle in the stage 1 report on the bill.
Holyrood's Justice Committee supports the general principles of the Scottish Government, Abusive Behaviour and Sexual Harm (Scotland) Bill, which aims to improve how the justice system responds to abusive behaviour.
Among other provisions, the bill extends the circumstances where courts may grant non-harassment orders against individuals, and updates the law on the prevention of sexual harm by people considered to be at risk of offending.
Regarding the proposed domestic abuse aggravation, the committee supports the provision as underlining the seriousness with which the justice system should treat partner abuse, but invites the Government to maintain an open mind on whether to extend it to others such as elderly family members, in the light of experience once the bill is passed. It also invites the Government to note the "significant body of opinion" in support of a specific offence of domestic abuse, a matter on which ministers are consulting further.
On revenge porn, "a clear majority" of the committee agrees with the bill's approach while noting that some witnesses favoured extending its scope to voice recordings as well as photographic images. However again it asks ministers to keep an open mind.
There was a division of views also on the proposed statutory jury directions (covering why victims might delay reporting an offence, and lack of resistance to an attack), which have been opposed by the judiciary as well as the legal profession. However, the majority again supported their introduction "on the ground that they would appear to do no more than ensure that judges provide relevant factual information to juries to inform their deliberations and, in so doing, help ensure that these directions are delivered more consistently than is currently the case". The minority considered that jury research on use of the directions was necessary before any decision is taken to introduce the directions by statute. The committee was unanimous in agreeing that there should be no reduction in the use of expert evidence where it is considered that such evidence could be material to the outcome of the case.
Committee convener Christine Grahame MSP commented: “The committee is unanimously agreed on the need to take effective steps to tackle abusive behaviour. We are therefore content to accept the broad principles of the Government’s proposed legislation.
“Because the bill has different aspects, it is perhaps not surprising that the committee has not reached a unanimous view on all of its provisions. For example not everyone agreed that a case has been made for statutory jury directions, and expert evidence was split. But a clear majority of the committee thought that bringing in these proposals would serve the interests of justice.
“The committee as a whole was sceptical about extending non-harassment orders to people found not fit to plead at a criminal trial."
She added: “We hope that the Scottish Government considers our report carefully and brings forward recommendations at stage 2 which address our concerns and reflect our recommendations."