The Bill as introduced makes changes in relation to procedures in criminal courts. It also introduces a process for reviewing deaths which relate to abusive behaviour within relationships.
This is a Government bill
The Bill was introduced on 24 September 2024 and is at Stage 1
This Bill is at Stage 1 of the process to decide if it should become an Act.
As introduced, this Bill has two main parts.
Part 1 makes changes in relation to procedures in criminal courts. Some of these changes were introduced on a temporary basis through the Coronavirus (Scotland) Act 2020 and the Coronavirus (Recovery and Reform) (Scotland) Act 2022. This Bill makes the following procedures permanent:
Part 1 of the Bill also makes some new changes to procedures in criminal courts. These are:
Part 2 of the Bill creates a process for reviewing deaths which relate to abusive behaviour within relationships. These reviews should look at what lessons can be learnt in relation to a death to try to stop similar things happening again. The Bill also creates an oversight committee and case review panels to undertake and manage the reviews.
Part 1 of the Bill was created to modernise procedures in criminal courts. Some of these changes are already in place and the Bill makes these permanent.
Part 2 of the Bill aims to provide a process for reviewing deaths which relate to abusive behaviour within relationships, to allow lessons to be learned.
Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Bill as introduced (2MB, pdf) posted 24 September 2024
Explanatory Notes (335KB, pdf) posted 24 September 2024
Policy Memorandum (366KB, pdf) posted 24 September 2024
Financial Memorandum (300KB, pdf) posted 24 September 2024
Delegated Powers Memorandum (162KB, pdf) posted 24 September 2024
Statements on legislative competence (110KB, pdf) posted 24 September 2024
Explanatory Notes (406KB, pdf) posted 24 September 2024
Policy Memorandum (458KB, pdf) posted 24 September 2024
Financial Memorandum (357KB, pdf) posted 24 September 2024
Delegated Powers Memorandum (273KB, pdf) posted 24 September 2024
Statements on legislative competence (162KB, pdf) posted 24 September 2024
All Bills introduced in the Parliament must be accompanied by specific documents. For most Bills, this includes:
Explanatory Notes: this document provides an overview of what the Bill does, plus a more detailed explanation of individual provisions.
Policy Memorandum: this sets out the objectives of the Bill. It also lists any alternatives considered, details of consultations, and an assessment of the effects of the Bill on a range of areas.
Financial Memorandum: this sets out estimates of costs, savings, and any changes to revenues expected to result from the Bill.
Delegated Powers Memorandum: this is needed if a Bill gives powers to make subordinate legislation or allows Scottish Ministers to issue directions, guidance or codes of practice.
Statements on legislative competence: two short statements, one by the Presiding Officer and one by the Member introducing the Bill. “Legislative competence” means the powers the Parliament has to make law.
The Scottish Parliament's Information Centre (SPICe) prepares impartial research and analysis to assist MSPs in their examination of Bills and other parliamentary business.
A research briefing will be published in due course.
The Bill was introduced on 24 September 2024
At Stage 1, the Bill is given to a lead committee. This is usually the committee whose remit most closely relates to the subject of the Bill. The lead committee will consider and report on the Bill. Other committees may also examine the Bill and report to the lead committee. Finally, there is a debate and vote by all MSPs on the general principles of the Bill. If the general principles are not agreed to, then the Bill ‘falls’ and can’t become law.
The lead committee for this Bill is the Criminal Justice Committee.
The lead committee will usually examine the Bill through evidence sessions. This will involve contributions from individuals and organisations, known as 'witnesses', with knowledge of the subject matter. The committee might also discuss the Bill in private sessions.