MSPs in call to step up use of Domestic Abuse Act
The 2018 Domestic Abuse (Scotland) Act was an important step, but more action is needed to implement the Act and tackle domestic abuse, according to Holyrood's Criminal Justice Committee in a report published today.
As part of post-legislative scrutiny, the committee has been reviewing the impact of the Act, and its key provision creating a new offence around non-physical forms of abuse such as coercive control.
The MSPs say there is strong support for the Act among prosecutors, law enforcement and women’s groups, and that it is beginning to have an impact, including increasing prosecutions. However, they conclude that progress has been too slow and call on several issues to be addressed.
On Police Scotland, the report highlights delays in specialist training for officers on domestic abuse cases. Noting the resource implications, it says more must be done to ensure that any officer called to the scene of a domestic abuse incident has received relevant training and can recognise the types of situations covered by the Act, particularly those of a non-physical nature.
It also highlights criticism of the current sentencing regime for crimes of domestic abuse and whether more can be done in relation to breaches of non-harassment orders. A review of sentencing guidelines by the Scottish Sentencing Council is welcome, but the Justice Secretary should consider whether current sentencing policy for offences and for breaches is providing adequate protection for victims.
There is concern over evidence that victims and survivors have described the process of reporting domestic abuse and participating in court trials as "unremittingly grim". The committee highlights the introduction of the Victims, Witnesses and Justice Reform Bill as an opportunity to tackle this issue and to ensure victims and survivors are not traumatised further when reporting these types of crimes.
The report calls for a short-life implementation group to be set up, tasked with accelerating progress and tackling the issues raised.
It also recommends that the Government reviews how the use of an aggravator included in the Act is being implemented, as relates to the involvement of a child in domestic abuse cases.
Further, in the light of evidence that some perpetrators of domestic abuse seek to use the civil courts (e.g. through child custody and contact disputes) to further the abuse of their victims, the MSPs ask the Cabinet Secretary to consider whether a pilot single court/judge model, when cases involve both civil and criminal matters, could help combat this.
Committee convener Audrey Nicoll MSP said: "It’s clear the Domestic Abuse (Scotland) Act 2018 is supported across the sector and is an important part of efforts to tackle all forms of domestic abuse in Scotland. However, there are undoubtedly still issues which need to be addressed.
"Evidence we have gathered has highlighted issues with implementing provisions in the Act, particularly across the police service, the Crown Office and the courts.
"We have concerns over the sentencing of crimes of this nature and on ensuring there is adequate and ongoing training so all police officers responding to domestic abuse cases can do so effectively."
She added: "It is clear to the committee that the original communication campaign around the 2018 Act was pivotal in raising public awareness of these issues at the time.
"We are calling on the Scottish Government to consider running an updated campaign, including one which targets children, as a way to continue to effectively highlight the various forms of domestic abuse.
"Domestic abuse as well as violence against women and girls is completely unacceptable and it is clear that more should be done to tackle this issue and support both victims and survivors."