Current status: Answered by Angela Constance on 4 November 2024
To ask the Scottish Government, further to the publication of the Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Bill, what its position is on what any differences in principle are between the proposed domestic homicide and suicide reviews and existing fatal accident inquiries.
Part two of the Criminal Justice Modernisation & Abusive Domestic Behaviour Reviews (Scotland) Bill, introduced to the Scottish Parliament on 24 September 2024, includes provisions to create the statutory framework for what will be Scotland’s first national multi-agency domestic homicide and suicide review model.
The purpose of domestic homicide and suicide reviews is to learn lessons following a death where domestic abuse is suspected to improve services and help prevent further deaths. The reviews will be undertaken by a review panel which will include an independent chair with a review oversight committee overseeing the completing of a review.
The Lord Advocate, is the Head of the Crown Office and Procurator Fiscal Service and is also responsible for investigating all sudden, suspicious and unexplained deaths. Supported by Procurator’s Fiscal, in circumstances where a death is sudden, suspicious or unexplained, the Lord Advocate will investigate the death and seek to establish the cause of death and the circumstances of the death. A death investigation may lead to a Fatal Accident Inquiry (FAI.) The legislative framework which governs the holding of an FAI is the Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016.
The purpose of a Fatal Accident Inquiry is to establish:
• where and when the death took place;
• the cause of the death;
• reasonable precautions whereby the death might have been avoided;
• the defects, if any, in any system of working that contributed to the death or any accident resulting in the death; and
• other facts relevant to the circumstances of the death.
As with the aims of a domestic homicide and suicide review, to prevent future deaths from happening in similar circumstances. However, unlike a domestic homicide and suicide review, FAI’s are a judicial process and a public examination of the circumstances of a death conducted before a Sheriff with the Sheriff issuing a determination at the conclusion of the Inquiry.
A domestic homicide and suicide review will take place where domestic abuse is suspected. An FAI is broader and can either be ‘mandatory’ in terms of Section 2 of the Act, and conducted where the death occurred (i) as the result of an accident when the deceased was acting in the course of their employment or occupation or (ii) when the deceased was in legal custody or was a child detained in secure accommodation at the time of the death or ‘Discretionary’ in terms of Section 4 of the Act, or ‘discretionary’ and conducted, on the Authority of the Lord Advocate, where the Lord Advocate considers that the death was sudden, suspicious or unexplained or that it occurred in circumstances that give rise to serious public concern and it is decided that it is in the public interest for an Inquiry to be held in to the circumstances of the death.
It is anticipated that the majority of cases likely to be reviewed under the domestic homicide and suicide review model, would not result in a FAI. The information gathered as part of a domestic homicide and suicide review will be information rather than ‘evidence’ and the reviews will have a specific focus on domestic abuse which will follow through to the learning and recommendations made from a review which will likely have a broader reach to safeguarding victims of domestic abuse in addition to the prevent of deaths.