Chamber and committees

I want to start by wishing everyone a happy international women’s day.

I was not involved in it at the time, but I am fully aware of the significance of the legislation that Scotland passed. Indeed, it was identified as world leading, and we are proud of that aspect of it.

That said, I am not really familiar with the detail. What I want to get into is how we can fix the situation, which Amanda Masson finished off with, where clients are reluctant even to raise the question. Moreover, how can we do better at creating the understanding that is needed and proving these cases in court?

I guess that, when we as legislators pass legislation, we think about what we would like and then the agencies have to work out the practicalities on the ground. I am sympathetic to Police Scotland in that regard. I do not know what guidance it was given or what the act says about what it should be looking for when it sees something that might be regarded as coercive behaviour or psychological damage to a woman or, indeed, a man.

What should the police look for? Is the act clear about what needs to be shown before they hand the case over to the Crown Office to make the final decision on it? I would welcome anything that the witnesses could tell me. Is the act clear enough? If it is not, what do we need to do around providing the relevant evidence or creating understanding of those provisions?

Yes—I thought that that was what you had said. I am trying to work it out. Where there is no violence, how can you possibly pick up cases of coercive control? You have mentioned that there have been a couple of cases already, and that the judgment has endorsed the Crown’s approach, which is good. How would those be picked up, if there is no physical abuse? I am really struggling to see how they would get into the system.

Thanks for that. I was not suggesting that. I totally accept that we need our front line.

Moira Price, to follow on, does coercive behaviour tend to go along with physical abuse? Are there any patterns, or is it a stand-alone crime? I am trying to visualise that behaviour in the context of what Sam Faulds said. Obviously, it can be a stand-alone crime. That is the point of the act. Coercive behaviour can be a course of conduct over a long period. It is not physical abuse but mental abuse.

It is just my perception, but I would not have thought that someone would lift the phone and say, “I think that there’s been a crime of coercive control against me.” I am trying to visualise how coercive behaviour would be captured. Does it tend to coincide with physical abuse? If you could help me on that, that would be helpful.

Do they simply report it like any other crime?

Good afternoon. I thank the witnesses for their evidence so far—I have found it helpful, in particular Moira Price’s responses to Katy Clark‘s question on coercive behaviour. I want to get Sam Fauld’s view on it as well, so I put my question, which follows on from that, to her.

We heard in evidence from the previous panel that it tends to be tier 1 officers rather than more specialist officers who are trained to identify abuse who respond to domestic violence abuse cases, because the tier 1 officers are on the front line.

I am particularly interested in the coercive behaviour side of things. By the very nature of that crime, I imagine that it is always going to be difficult to identify it or to provide evidence on such a course of conduct. Do you have anything to offer the committee on how coercive behaviour can be better identified on the front line?

Okay. Craig Naylor, you look as if you want to say something.

That is really helpful; thank you.

Good morning, cabinet secretary, and thank you for the summary of the instrument in front of us. I do not have any particular issues with supporting it and I welcome what you have said about the UK and Scotland not recognising Russia in the provisions for assistance.

From the paperwork, I am trying to ascertain what level of crime the order would cover. Would it cover all crime? From what you are saying about the Lord Advocate being involved in certain proceedings, I assume that we are talking about more serious crime. Given the provisions in relation to bank account information, is this all about dealing with serious and organised crime? I just want to understand the parameters of the powers given under the instrument.

Theoretically, then, it could cover, say, shoplifting.

Thank you. You all think that the law is clear.

Michele Burman made an important point about who goes out to visit when a crime is reported. Amanda Masson, at what stage in the process would you start to gather the relevant information to show that there was coercive behaviour? Is it maybe more practical that the initial report is done by the police, with someone then needing to look at it? I imagine that you need to gather evidence or you will fail in court. At the end of the day, the accused will not be convicted unless the crime can be proved, which requires substantial evidence. Where in the process does it make sense to gather the relevant evidence on, for example, the victim feeling fear and alarm over a long time and not being free to make decisions in the relationship? I presume that that is what you are looking for. All those things need to be proved.

Where in the process would it make sense for someone to gather that information for the court?