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 2
This Bill is at Stage 2 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 Presiding Officer has decided under Rule 9.12 of Standing Orders that a financial resolution is required for this Bill.
For each Bill, the Presiding Officer must decide if a 'Financial Resolution' is required. The main reasons a Bill would need a Financial Resolution are that:
If a Bill requires a Financial Resolution:
The Scottish Parliament's Information Centre (SPICe) prepares impartial research and analysis to assist MSPs in their examination of Bills and other parliamentary business.
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.
On 18 December 2024, Parliament agreed motion S6M-15919, that consideration of the Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Bill at Stage 1 be completed by 4 April 2025.
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.
The Committee ran a call for views on the Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Bill.
Read the questions and submit your views on Citizen Space
The call for views closed on 10 January 2025.
Read the Official Report of the meeting
Read the Official Report of the meeting
Read the Official Report of the meeting
Read the Official Report of the meeting
Committees sometimes meet in private. This might be to hear confidential or particularly sensitive information, or to discuss a draft report. When a committee meets in private, its proceedings are not broadcast and there is no Official Report. However, the committee minutes will record the business taken and any decisions reached.
Letter from the Cabinet Secretary for Justice and Home Affairs to the Convener, 28 March 2025
Letter from Victim Support Scotland to the Convener, 12 February 2025
The lead committee published its Stage 1 report on 11 March 2025.
Read the Criminal Justice Committee's Stage 1 report
The Committee received the following responses to its report:
Letter from the Cabinet Secretary for Justice and Home Affairs, 28 March 2025 (270KB, pdf) posted 28 March 2025
If a Bill is relevant to more than one committee, 'secondary committees' may consider and report on the general principles of the Bill to the lead committee. Some Bills may also be considered by the Delegated Powers and Law Reform Committee or the Finance and Public Administration Committee.
Read the Official Report of the meeting
The Committee published its report on 13 January 2025
Read the Delegated Powers and Law Reform Committee’s report at Stage 1
Letter from the Cabinet Secretary for Justice and Home Affairs to the Convener, 11 December 2024
A Stage 1 debate took place on 1 April 2025 to consider and decide on the general principles of the Bill.
See further details of the motion
See further details of the motion
The Bill ended Stage 1 on 1 April 2025
At Stage 2, MSPs can propose changes to a Bill. These are called 'amendments'. Any MSP can suggest amendments but only members of the Stage 2 committee can decide on them.
MSPs can currently submit amendments ("changes") to the Bill. A daily list of amendments will be published each day that amendments are lodged or withdrawn by MSPs. Following the deadline for amendments, the Marshalled List and Groupings of Amendments will be published to replace the daily lists.
The deadline for Stage 2 amendments will be added when the Stage 2 meeting date is agreed.
Documents with the amendments to be considered and debated at the meeting held in due course
Marshalled List of Amendments for Stage 2 will be published before the meeting.
Groupings of Amendments for Stage 2 will be published before the meeting.
A Stage 2 'Marshalled List' is a list of all the amendments that have been lodged at Stage 2 (or, if the Stage is mid-way through, all those still to be dealt with). They are listed in the order in which they will be called by the convener and then decided on.
A 'Groupings' list shows how the amendments that are listed in the Marshalled List have been grouped together for debate. Each group contains amendments that are related to each other, even if they are at different places in the Marshalled List.