The Prevention of Domestic Abuse (Scotland) Bill seeks to reduce domestic abuse through: (a) the introduction of notification requirements for offenders, (b) greater use of interventions aimed at reducing reoffending, (c) improved data collection, and (d) relevant education in schools.
The overarching objective of the Prevention of Domestic Abuse (Scotland) Bill, as stated within the Policy Memorandum, is to reduce domestic abuse (including reducing levels of reoffending).
The Bill seeks to achieve this by making changes in four areas:
introducing notification requirements for domestic abuse offenders, requiring them to provide the police with details such as all names used by them, their date of birth, address and passport details, and enabling them to be assessed and managed under multi-agency public protection arrangements (MAPPA)
requiring consideration (prior to sentencing, while the offender is in custody and prior to the offender's release) of whether someone who is convicted of a domestic abuse offence is a suitable candidate to take part in rehabilitation programmes or services with the aim of reducing reoffending
improving data collection by placing a requirement on Police Scotland, the Crown Office and Procurator Fiscal Service and charities to ask for specific information (including ethnicity and whether someone has a disability) from victims of domestic abuse - this information would be provided on a voluntary basis and the Scottish Government would need to publish an annual report on the data gathered
requiring the Scottish Government and education authorities to promote, facilitate and support domestic abuse education in schools.
The Prevention of Domestic Abuse (Scotland) Bill ("the Bill") is a Member's Bill which was introduced in the Scottish Parliament on 7 May 2025 by Pam Gosal MSP.
She lodged a draft proposal for this Bill in August 20221, and ran a consultation between then and November 20222. There were 247 responses to the consultation, with a summary of responses being published in September 20233.
Documents published along with the Bill include Explanatory Notes4, a Policy Memorandum5, Financial Memorandum6 and Delegated Powers Memorandum7.
The Bill is made up of four parts which do the following:
Part 1 - introduce notification requirements for domestic abuse offenders
Part 2 - require consideration (prior to sentencing, while the offender is in custody and prior to the offender's release) of whether someone who is convicted of a domestic abuse offence is a suitable candidate to take part in rehabilitation programmes or services to reduce reoffending
Part 3 - improve data collection by placing a requirement on Police Scotland, the Crown Office and Procurator Fiscal Service (COPFS) and charities to ask for specific information (including ethnicity and whether someone has a disability) from victims of domestic abuse
Part 4 - require the Scottish Government and education authorities to promote, facilitate and support domestic abuse education in schools.
The lead committee for scrutiny of the Bill is the Criminal Justice Committee. It took initial oral evidence from Pam Gosal MSP at its meeting on 25 June 20258, and issued a call for views on 15 July 2025 (closed 15 September 2025).
The Scottish Government provided some initial views on the Bill in a letter to the Criminal Justice Committee dated 23 June 20259. It commented that:
The Scottish Government fully recognises the well intentioned nature of this Bill but at present has particular concerns with regards to how the proposals would work in practice and the anticipated financial and resource implications of specific proposals, with particular reference to Parts 1 and 2 of the Bill which appear unaffordable. This will require further discussion and engagement with justice partners and wider stakeholders.
This section covers the context and background to the introduction of the Bill including:
There are a number of publications which contain data on the levels of domestic abuse in Scotland, including:
Domestic abuse: statistics recorded by the police in Scotland
Domestic abuse and stalking charges in Scotland (as recorded by COPFS)
Scottish Crime and Justice Survey (pp 168 - 182).
Some of the headline figures from these publications are set out below.
Police Scotland recorded 63,867 incidents of domestic abuse in 2023-241. This was an increase of 3% compared to the previous year. Of these incidents, 38% included the recording of at least one crime or offence.
In 2023-24, 30,100 charges were reported to COPFS with a domestic abuse identifier2. At the time the data was extracted, an initial decision had been made to proceed to court with 93% (27,903) of these charges. The vast majority (82%) of the charges that were prosecuted at court were at the summary level (relating to less serious offences), with 18% prosecuted in solemn proceedings (relating to more serious offences).
In 2022-23, 763 people were convicted with a main charge under the Domestic Abuse (Scotland) Act 2018 ("the 2018 Act")3 and 7,807 people were convicted of aggravated offencesi under section 1(1)(a) of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 ("the 2016 Act")4.
In 2018/20, 16.5% of adults said they had experienced at least one incident of partner abuse (covering both physical and psychological abuse) since the age of 16.5 Three-in-ten respondents (31%) who experienced partner abuse within the 12 months prior to interview had experienced more than one incident.
While a key focus of the Bill is on criminal proceedings relating to domestic abuse, it is worth noting that, separately, the civil law offers a range of court orders with the aim of protecting people at risk. These are sometimes called civil protection orders. They aim to prevent harm and distress by prohibiting the person named in the order from doing certain things, such as approaching someone, or coming to their place of work. Often a civil protection order must be applied for by the person at risk, through the civil courts.
Part 1 of the Domestic Abuse (Protection) (Scotland) Act 2021 (not in force) contains two new, short-term civil protection orders, the Domestic Abuse Protection Notice (DAPN) and the Domestic Abuse Protection Order (DAPO).
While the criminal law and civil law on domestic abuse are largely separate from each other, there is some overlap between the two systems.
For example, in a policy innovation, the police will play a key role in imposing a DAPN and applying to the civil court for a DAPO under the 2021 Act. In addition, for some types of civil protection order, such as a non-harassment order under the Protection from Harassment Act 1997, and a DAPN or DAPO under the 2021 Act, breach of the order is, of itself, a criminal offence.
Breaches of a DAPO (Section 17 of the 2021 Act) are included in the definition of a domestic abuse offence in Part 1 of the Bill. Breaches of both a DAPO and DAPN (Section 7 of the 2021 Act) are included in the definition of a domestic abuse offence for Parts 2 and 3 of the Bill.
The breach of a non-harassment order, which is also a criminal offence, has not been included within the definitions of a domestic abuse offence within the Bill.
The Scottish Law Commission, the independent statutory body that makes recommendations for law reform to Scottish Ministers, is currently working on a project relating to the possible reform of the civil law relating to domestic abuse.
Part 1 of the Bill seeks to introduce notification requirements for domestic abuse offenders. These are based on the current notification requirements set out in the Sexual Offences Act 2003 that apply to those convicted of certain sexual offences . This section provides some information on these current notification requirements as well as other relevant processes and procedures, including:
Those convicted of certain sexual offences are subject to notification requirements set out under Part 2 of the Sexual Offences Act 2003. This means they have to regularly provide certain information to the police, for example, all names used by them, their address, date of birth, National Insurance number and passport details.
Their details are stored in the Violent and Sex Offender Register (ViSOR) system, which can be accessed by certain agencies, including the police and local authorities. This 'register' is not publicly available.
Registered sex offenders are also assessed and managed under multi-agency public protection arrangements (MAPPA). Further details of this are set out below.
Multi-Agency Public Protection Arrangements (MAPPA) are statutory partnership working arrangements introduced under Section 10 of the Management of Offenders etc. (Scotland) Act 2005. They bring together Police Scotland, the Scottish Prison Service, Health Boards and Local Authorities and require that they jointly establish arrangements for the assessment and management of the risks posed by certain categories of offender:
sex offenders
certain violent offenders
those offenders considered to be a continuing risk to the public.
Where an offender is referred to MAPPA, they are required to comply with certain obligations and conditions as part of their supervision and management. The specific requirements can vary depending on the individual's risk level, the nature of their offences and the recommendations made by the multi-agency panel.
Some domestic abuse offenders will already be referred to MAPPA. This is where they have been convicted on indictment, the offence “infers personal violence” and the individual is made subject to a community payback order with a supervision requirement or where the person is required on release from prison to be subject to supervision in the community. This would also apply to domestic abuse offenders where it is assessed that they "may cause serious harm to the public at large". There is no publicly available data on the numbers of domestic abuse offenders who are already referred to MAPPA.
The Violent and Sex Offender Register (ViSOR) is one of the systems used by MAPPA partners to facilitate the secure exchange and storage of information. In Scotland, all individuals subject to MAPPA should be entered onto ViSOR.
A Multi-Agency Risk Assessment Conference (MARAC) is a local meeting held following referral of a victim assessed to be at high risk from domestic abuse. The meeting is attended by statutory and non-statutory agencies, including the police, justice social work, education, health and housing. MARACs operate in all local authority areas in Scotland.
The meeting allows agencies to share relevant and proportionate information about current risks, at the end of which agencies will be asked to volunteer actions to reduce risk and increase safety through the development of an action plan.
Once a case has been heard at a MARAC, it will not be revisited unless a repeat referral is made.
MARACs do not have direct access to the MAPPA system, but information can be shared between MARAC and MAPPA on a case-by-case basis.
The Disclosure Scheme for Domestic Abuse Scotland gives people the right to check if someone has a history of domestic abuse. They can apply to Police Scotland to find out about:
their own partner's history of domestic abuse
someone else's partner – they do not have to be related to the person
someone they work with if they are a professional.
Following an application, the police meet with relevant partner agencies (e.g. social work, the prison service) and decide whether any disclosure is "lawful, necessary and proportionate" to protect the person from their partner.
The scheme also gives the police the power to tell people that they may be at risk. This information can be given even if it is not asked for.
This scheme is managed through police guidance and the rights are not contained in statute.
Prior to a hearing on sentencing for domestic abuse, in most cases the court will call for background reports. These reports could include:
an assessment for the Caledonian System.
As part of the Criminal Justice Social Work Report, a risk assessment will be carried out on the individual. It will indicate whether there is a risk to the public and will also set out the risk of the accused reoffending in the future. That risk will be assessed as being high, medium or low.
The Scottish Sentencing Council have issued general guidelines on the sentencing process1. A Domestic Abuse sentencing guideline is in development and is currently at Stage 2 – development of a draft guideline.
The Scottish Government's Equally Safe Strategy sets out their vision to address violence against women and girls in Scotland. The Equally Safe Strategy was refreshed in 20231 and the Equally Safe Delivery Plan2 was published in 2024 covering the period summer 2024 to spring 2026.
Actions 6.1 to 6.8 in the Delivery Plan relate to schools and education including:
Action 6.1 - We will ensure that all secondary schools are registered with Equally Safe at School.
Action 6.2 - We will ensure that all key secondary school staff undertake the Equally Safe at School e-learning module.
Action 6.8 - We will strengthen the provision of, and the relationship between, existing education programmes.
Equally Safe at School was co-created by Rape Crisis Scotland and the University of Glasgow and is an online intervention which supports secondary schools across Scotland to take a whole school approach to addressing gender-based violence.
A public consultation on a proposal for the Bill ran from 24 August to 20 November 20221. During this time Pam Gosal MSP also met with a range of stakeholders to consult them on the proposal. An analysis of the responses to the consultation was carried out by the Scottish Parliament's Non-Government Bills Unit and a summary of the responses was published on 7 September 20232. The individual consultation responses, where consent was given, were also published.
The consultation covered the aims and approach of the Bill and its financial implications. Questions on the introduction of the following aspects were included:
a domestic abuse register
mandatory rehabilitation measures
an obligation for annual reporting on access to domestic abuse services for under-represented communities
mandatory school education relating to domestic abuse.
In total, 247 responses were received: 214 from individuals (including 179 members of the public, 25 professionals, seven politicians and three academics) and 33 from organisations.
While a large majority (95%) of individual respondents were fully or partially supportive of the proposal, there was less support from organisations, of which 66% were fully or partially supportive.
Organisations and individuals who were supportive of the proposed Bill gave a range of reasons for their support, including that:
more should be done to address the significant issue of domestic abuse and the Bill was a means of focusing attention on the issue
a 'register' would enable people to check before entering relationships and stop people suffering from domestic abuse (though there are already systems in place to allow people to request information on a new partner's history)
education on domestic abuse would have a positive effect
improved data collection could lead to better understanding and support for victims
the provisions could act as a deterrent and result in greater consistency across the country in terms of the provision of rehabilitation services.
Some of the issues raised by those who were less supportive of the proposal included:
that adequate measures are already in place to tackle domestic abuse and that the proposed Bill could create problems
questions over whether the proposals were informed by evidence and whether the measures would be effective
the significant increase in resource the Bill would require and the pressure its provisions would place on the workforce, as well as a risk that funds might be diverted from existing schemes to pay for the reforms set out in the Bill
that the Bill could create a false reassurance for victim-survivors of domestic abuse
that women subject to counter allegations or convictions when resisting domestic abuse may end up being subject to notification requirements.
Some of these issues were subsequently addressed by the Member and resulted in changes made to the Bill before it was introduced. These include:
a more targeted approach in terms of notification requirements, with these only being placed on those convicted of domestic abuse offences on indictment and given a sentence of at least 12 months or a community payback order with a supervision requirement
attendance at rehabilitation programmes will be based on an assessment of suitability that indicates it would be an effective measure, rather than being mandatory for all
allowing parents to withdraw a child from attending domestic abuse education rather than it being mandatory for all school pupils.
Where consultation responses are relevant to particular parts of the Bill these are included in more detail in the relevant sections of this briefing below.
The overarching objective of the Bill, as stated within the Policy Memorandum (para 7), is to
... reduce the incidences of domestic abuse (including reducing levels of re-offending), through a series of measures including preventative measures, rehabilitation measures, increasing data to inform work to reduce domestic abuse, and long-term monitoring of those convicted of domestic abuse offences.
To achieve this, there are four main provisions in the Bill that are set out under the following headings:
notification requirements for domestic abuse offenders
assessment of offenders for rehabilitation programmes and services
data collection and reporting
school education.
Each of these areas is considered in detail below.
This part of the briefing considers Part 1 of the Bill and sets out information on:
the consultation on the draft Bill proposal
the costs in the Financial Memorandum.
Related to Part 1 of the Bill, the consultation on the draft Bill proposal asked about respondents' views on creating a register of those convicted of domestic abuse related offences, including questions about the details of how such a register would work.
This reference to a 'domestic abuse register' does not appear in the Bill as introduced and is not referenced in the Policy Memorandum or Explanatory Notes accompanying the Bill. Despite the change in language use, the underlying intention of requiring domestic abuse offenders to be subject to notification requirements and monitoring remains the same.
A significant majority (94%) of individuals who responded to this question were fully or partially supportive of this provision. However, only 56% of organisations who responded were fully or partially supportive.
Individuals who were supportive of this provision spoke of it offering protection to people, acting as a deterrent and addressing repeat domestic abuse offending. An anonymous respondent stated the following:
This measure should stop people moving around endlessly through different families. I have seen families affected by the same criminal because the current system doesn't do enough to prevent this. The Disclosure Schemes have good intentions behind them but they do not go far enough. A register would ensure criminals are monitored more consistently.
Individual respondents raised issues with inclusion on the register "overly punish[ing]" those with "relatively minor convictions" and victims of domestic abuse who were the subject of counter allegations also being included on the register. These concerns have been addressed by the Member through the inclusion of a more targeted approach in terms of who would be subject to notification requirements, which appears in the Bill as introduced.
Organisations who responded were less supportive of this provision and raised issues including:
how the register would work alongside existing systems
a lack of evidence to support the establishment of a register or suggest it would be successful
the cost of implementation
potential for false allegations seeing victims of domestic abuse also placed on the register.
The Scottish Association of Social Work (SASW) stated:
Police Scotland already have measures in place for gathering intelligence about domestic abuse perpetrators and sharing it with those at risk. This is a less formal arrangement than a register and it appears to contribute to safety. Creating a register of domestic abuse offenders might risk endangering current systems. SASW is not confident that a register would create additional safety for those at risk of domestic abuse and would risk a situation where false reassurance is offered. When we add to this the enormous expense of creating and maintaining a register, it appears that resource would be better allocated to rehabilitation and preventative services which would address the causes of gender equality and domestic abuse.
The Scottish Women's Rights Centre stated:
We do not support the creation of a register for those convicted of domestic abuse related offences at this time in the proposed format. We would echo the concerns that have been raised by our sister organisation Scottish Women's Aid, there is not sufficient evidence to support the effectiveness of this approach in reducing or preventing offending. The consultation document does not reference the disclosure scheme that already exists and is operated by Police Scotland and we submit an analysis of this scheme would be necessary in any proposals of this nature.
In terms of the details of how a register would function, respondents had a range of views on these aspects, however the decision in the Bill as introduced is to mostly mirror existing arrangements for those convicted of certain sex offences.
One aspect which was included in the consultation as a notification requirement, that is now not included in the Bill, is the notification of a relationship with a new or previous partner.
Part 1 of the Bill introduces notification requirements for domestic abuse offenders. The basis of this provision is noted in the Policy Memorandum (paras 8 and 9) to be due to the fact that currently there:
... is no bespoke risk management pathway for domestic abuse offenders as a group. The Member seeks to create a specific pathway for risk management of domestic abuse offenders which will introduce the domestic abuse notification requirement. The existence of a specific pathway for domestic abuse offenders will reflect the serious risk that domestic abuse offenders pose in terms of reoffending and provide assurance to the public that the risk is being monitored.
It goes on to note that (para 12):
In addition to enabling the police and others to continue to actively monitor offenders, the stringent notification requirements also act as a regular reminder to the individual of their conviction and the ongoing monitoring they are subject to which will have a punitive feel and create a deterrent effect on the individual. The existence of such a scheme and its impacts on an individual could also, the Member hopes, act as a wider deterrent in society.
The provision is not retrospective and will only apply to those convicted after the Act comes into force.
In their letter to the Criminal Justice Committee, dated 23 June 20251, providing initial views on the Bill, the Scottish Government noted that in terms of Part 1 of the Bill:
Consideration of the provisions in Part 1, relating to notification requirements for domestic abuse offenders, should expressly include how they would work in practice alongside the existing schemes such as MAPPA and the Disclosure scheme for Domestic Abuse Scotland. We also note the views of stakeholders that there is little evidence that notification acts as a deterrent.
Section 1 of the Bill sets out who will be subject to the notification requirements. The Policy Memorandum (para 83) notes that the approach taken:
... seeks to ensure that all those convicted of serious offences involving domestic abuse that are not already subject to MAPPA are included in the notification scheme.
Domestic abuse offenders are defined by the Bill as those who have been convicted of the following offences:
section 1(1) of the Domestic Abuse (Scotland) Act 2018 - abusive behaviour towards a partner or ex-partner
section 17 of the Domestic Abuse (Protection) (Scotland) Act 2021 - breach of a domestic abuse protection order (not yet in force)i
any offence which includes a statutory aggravation of domestic abuse, under section 1 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016.
These notification requirements would mean that offenders would be monitored and subject to management through existing multi-agency public protection arrangements (MAPPA) under the Management of Offenders etc. (Scotland) Act 2005 ("the 2005 Act").
At the moment, some domestic abuse offenders will already be automatically referred to MAPPA under section 10 of the 2005 Act. This will be those who have been convicted on indictment (for more serious offences, decided by a jury) of a domestic abuse offence where the offence "infers personal violence" and the person is subject to a community payback order, including a supervision requirement, or is required on release from prison to be subject to supervision, or it is assessed that they "may cause serious harm to the public at large".
This Bill will extend this, removing the need for the offence to infer personal violence, or for there to be an assessment that they may cause serious harm to the public at large. Instead, all those convicted on indictment of a domestic abuse offence (i.e. of more serious offences under solemn procedure), as defined by the Bill, and given a sentence of imprisonment of 12 months or more, or a community payback order with a supervision requirement, would be subject to the notification requirements.
As set out in the Data on domestic abuse offences in Scotland section above, the majority of domestic abuse charges that are prosecuted at court are at the summary level (82% in 2023-24) rather than through solemn proceedings.1
Section 2 of the Bill sets out how long the notification period will be. It is determined by the sentence and starts from the date of conviction.
For those sentenced to a period of imprisonment of between 12 and 30 months, the notification period will be three times the length of the sentence. For example, someone sentenced to 12 months in prison will be subject to the notification requirements for 36 months.
Where the sentence is longer than 30 months, the notification period would be indefinite.
For those convicted when they were under the age of 18, the notification period is half that for adults.
Where someone is made subject to a community payback order (CPO), the notification period will be the period during which the order is in effect.
This mirrors some aspects of the sex offender notification requirements, in that they also impose an indefinite notification period where someone is sentenced to more than 30 months and for the length of the supervision requirement where a CPO is imposed. For those sentenced to a prison sentence of more than six months but less than 30 months, however, the notification period is a fixed one of 10 years.
Initial notification
Section 3 sets out the initial notification requirements, and that these must be notified to the police within the period of three days from when sentenced. This does not include any time where the person is in prison, and will instead be required within three days of the date of their release.
The information required is:
date of birth
National Insurance number
name on conviction and notification and any other names used at that time
home address at conviction and notification
any other UK addresses where the person regularly resides or stays
passport details
any other information that the Scottish Ministers may by regulations prescribe.
Section 6 of the Bill sets out that any notification must be given in person to a police officer, or any authorised person, at certain police stations.
Changes to be notified
Section 4 of the Bill sets out that, within three days of any of the following changes being made, the person must notify the police:
using a new name not previously notified to the police
any change of home address
staying in a UK address for a qualifying period (seven days, or two or more periods, in any 12 months, which taken together amount to seven days) which has not been notified previously
release from custody
losing or ceasing to have a passport notified previously to the police or receiving a new passport
the occurrence of such an event or information required as prescribed by regulations by the Scottish Ministers.
Periodic notification
Section 5 of the Bill sets out that the person must re-confirm their details at least every 12 months, even if there are no changes, to ensure the information is accurate.
Section 7 of the Bill creates a new offence of failing to comply with any of the notification provisions "without reasonable excuse".
The maximum penalty if prosecuted under summary procedure (for less serious offences) is 12 months imprisonment, a fine not exceeding £10,000, or both. If prosecuted under solemn procedure (for more serious offences), the maximum penalty is set out in the Bill as five years' imprisonment.
Sections 8 to 14 of the Bill make provision for a system for the review of offenders who are subject to an indefinite notification period. This process mirrors that for the review of those subject to indefinite Sex Offender Notification Requirements, although with a slightly different time period for those aged under 18 at the time of conviction.
The Bill sets out that someone subject to indefinite notification requirements is able to apply for a review after a period of 15 years, or after six years if they were under the age of 18 at the time of conviction (not including any time spent in prison or detained in a hospital). This review is carried out by the Chief Constable of Police Scotland who will decide whether or not the notification requirements will continue. The Bill sets out a range of factors that must be taken into account by the Chief Constable, including the seriousness of the offence and any assessment of risk posed by the offender.
Where the decision is that notification must continue, a notification continuation order will set out how long the offender has to notify before getting a further right of review. This can be imposed for a fixed period of up to a further 15 years.
There is a right to appeal the Chief Constable's decision to continue the notification requirement and for how long, and this is made by summary application to the Sheriff Court.
Should the Chief Constable not complete the review by the required date, section 12 of the Bill provides that the offender can make a summary application to the Sheriff Court for an order that they are no longer subject to the notification requirements. Any decision made by the Sheriff under this section can be appealed by either the offender or the Chief Constable to the Sheriff Appeal Court.
Section 15 of the Bill amends Section 10 of the Management of Offenders etc. (Scotland) Act 2005 to allow domestic abuse offenders subject to notification requirements under this Bill to be covered by the arrangements for assessing and managing risks posed by certain offenders. This means that domestic abuse offenders covered by this Part of the Bill, who would not previously have been captured under the existing MAPPA processes, will now be included.
The most significant costs to implement part 1 of the Bill relate to staff costs where certain domestic abuse offenders will become subject to notification requirements and monitoring under MAPPA. Estimated costs are based on staff costsi and using an estimate of the numbers who would become subject to these monitoring arrangements based on those convicted of the relevant domestic abuse offences in 2022-23. .
Table 1 sets out the numbers of those convicted under the 2018 and 2016 Acts which the Financial Memorandum (para 29) states will be included in the notification requirements introduced by the Bill.
| Act | Prison sentence | Community Payback Order | TOTAL |
|---|---|---|---|
| Domestic Abuse (Scotland) Act 2018 (main charge) | 67 (sentenced to more than 12 months) | 444 | 511 |
| Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (aggravated offence) | 251 (sentenced to 12 months and over) | 2,407 | 2,658 |
| TOTAL | 318 | 2,851 | 3,169 |
Source: Criminal Proceedings in Scotland1, Parliamentary Question S6W-356952
It should be noted, however, that the notification requirements as proposed in the Bill would apply to those sentenced to 12 months or more and to those given a Community Payback Order that includes a supervision requirement.
Notification requirements would also apply to those convicted under section 17 of the Domestic Abuse (Protection) (Scotland) Act 2021; however, this is not yet in force so there is no conviction data available for this Act.
This figure could, however, include some domestic abuse offenders who are already subject to MAPPA notification requirements under the existing definition within section 10 of the Management of Offenders etc. (Scotland) Act 2005.
These estimates may also be affected by the fact that:
the Bill includes those sentenced on indictment to a period of 12 months of more and the figures for the Domestic Abuse (Scotland) Act 2018 only include those sentenced to a period of more than 12 months
the Bill includes those given a CPO with a supervision requirement, while the figures above include all those given a CPO (not all are required to include a supervision requirement)
the figures from the Criminal Proceedings publication only include those where the domestic abuse offence was the main charge (i.e. the one which resulted in the longest sentence where there were multiple charges).
As a reference point, Police Scotland data shows that, as at 1 June 2025, there were 5,372 registered sex offenders being managed in the community and 2,342 in custody or hospital. These figures relate to all sex offenders being managed at that time, while the data relating to domestic abuse offenders relates to estimated numbers of those who would become subject to notification requirements each year.
Based on the figures above, Table 2 sets out the estimated costs for implementing this part of the Bill:
| Organisation | Annual recurring cost |
|---|---|
| Police Scotland | £2,398,880 – £4,651,458 |
| Local Authority (social work) | £2,889,758 – £3,875,117 |
| Scottish Prison Service | £2,523,950 – £3,683,075 |
| TOTAL | £7,812,588 – £12,209,650 |
Source: Financial Memorandum
Further estimated costs from this part of the Bill are:
costs associated with the prosecution of breaches of notification requirements: £727,722 (£436,708 - COPFS; £132,140 - Scottish Courts and Tribunals Service (SCTS); £158,874 - Scottish Legal Aid Board)
costs of the review of indefinite notification requirements: £0 – £106,780 - Police Scotland and other agencies
costs of the application to the sheriff for an order that the offender is no longer subject to the notification requirements or the cost of appeals against the notification continuation order and/or setting the fixed period of the notification continuation order: £6,872 - SCTS.
Victim Support Scotland (VSS) raised concerns about the cost implication of monitoring individuals in the consultation on the draft proposal for the Bill. While recognising that the Bill as introduced has targeted the monitoring to a greater degree compared to the the original consultation proposals on which VSS was commenting, it is still worth noting their comments in terms of the need for adequate resourcing, stating their concern was that:
... police resources would be diverted to this area of policing to the detriment of victims of other crime types. We would argue that for this register to work without other victims of crime having a reduced service then there would have to be a significant uplift in the police budget to properly resource the register and associated monitoring requirements.
This part of the briefing considers Part 2 of the Bill and sets out information on:
the consultation on the draft Bill proposal
the costs in the Financial Memorandum.
The consultation asked respondents their views on the introduction of mandatory rehabilitation measures for those convicted of domestic abuse. These measures would have included behaviour education, anger management treatment and, where both parties agreed, restorative justice measures.
Again, a significant majority of individual respondents (90%) were supportive of this provision; however, only 45% of organisations who responded were fully or partially supportive.
Individuals who were supportive felt that this provision would lead to behavioural change, offenders having an understanding of their behaviour and a reduction in reoffending. They also raised issues, however, including the inconsistency of the availability of programmes like the Caledonian System, and a belief that they have a "low success rate".
Organisational respondents raised a number of issues, including the mandatory nature of the provision generally and specifically that mandatory rehabilitation would make little or no difference or might even be counterproductive, as well as cost and resource implications.
Scottish Women's Aid (SWA) stated:
SWA cannot support mandatory rehabilitation. Scotland's Caledonian programme of work with [domestic abuse] offenders offers the best option for rehabilitation and should be rolled out across all local authorities. However, even in the best-case scenarios, the intervention works with some convicted offenders. Requiring rehabilitation will just ensure that ineffective interventions will be used, at significant cost and increased risk to child and adult survivors.
Some of the issues raised by the organisations, including the mandatory nature of the provision, have been addressed by the Member in the Bill as introduced. Instead of making attending rehabilitation programmes mandatory for all, it will now be based on an assessment of suitability that indicates it would be an effective measure.
Part 2 of the Bill would, in certain circumstances, require that people convicted of domestic abuse are assessed for their suitability for rehabilitation programmes and services. This assessment would (where relevant in the individual case) take place at three points:
prior to sentencing
whilst serving a sentence in custody
prior to a Parole Board hearing.
The Policy Memorandum (para 13) notes that:
... the Member believes that while deterrents and punishments form a significant part of an effective domestic abuse strategy, so do rehabilitation measures which can be crucial in reducing reoffending. Lessons from other countries show that rehabilitation measures imposed on some of those convicted of domestic abuse can be genuinely effective in reducing reoffending rates [...] The provisions in Part 2 seek to ensure that every key phase of an offender's passage through the criminal justice system includes an assessment of their suitability for participation in a programme of appropriate rehabilitation services. This is to seek to ensure that effective rehabilitation features in every experience of the system by a domestic abuse offender in order to reduce the likelihood of an individual committing further domestic abuse offences.
The definition of an offence involving domestic abuse is slightly wider in this part of the Bill than that in Part 1, in that it also includes an offence under section 7 of the Domestic Abuse (Protection) (Scotland) Act 2021 - breach of a domestic abuse protection notice.
This offence is not included in the definition of domestic abuse offences in Part 1 of the Bill as breaching this notice can only be prosecuted under summary procedure.
Where someone has been convicted but is awaiting sentence, the local authority must provide a report to the court which sets out an assessment of the suitability of the offender for participation in a programme of appropriate rehabilitation services. If the convicted person is considered suitable, the requirement for them to participate in rehabilitation services or courses may then form part of their disposal for the domestic abuse offence.
This assessment would only be required where an offender is:
convicted under solemn procedure (on indictment) of a domestic abuse offence; or
is convicted under summary procedure of a domestic abuse offence and already has a domestic abuse conviction.
A 'domestic abuse offence' here is as set out in Part 2 of the Bill, and is slightly wider than that in Part 1, in that it also includes an offence under section 7 of the Domestic Abuse (Protection) (Scotland) Act 2021 - breach of a domestic abuse protection notice.
The Scottish Government, in their letter to the Criminal Justice Committee dated 23 June 20251, providing some initial views on the Bill noted that:
We welcome acknowledgement that there is valuable rehabilitation already taking place, such as through the Caledonian System. It is important to recognise that Caledonian is a court ordered programme and it is for the court to decide what they deem is most suitable based on what is available in a local area – with some local authority areas having similar programmes but not the Caledonian System. Legislation is not required to expand such programmes.
The provision of the Caledonian System was acknowledged by the Member in the Policy Memorandum (para 113), stating:
The Member considers there are complementary measures that can be pursued at a policy level as opposed to through primary legislation. For example, adequately resourcing and ensuring the roll out of accredited rehabilitation programmes such as the Caledonian System across the whole of Scotland is crucial to the effective implementation of the provisions in the Bill related to rehabilitation as an alternative to custody or following custody
For those in prison, the requirement for assessment applies to anyone convicted of one of the domestic abuse offences set out in this Part of the Bill and who has been sentenced to a period of imprisonment. This is regardless of whether this took place before section 18 of the Bill is in force.
The Bill amends the Community Justice (Scotland) Act 2016 so that the Scottish Ministers must ensure that throughcare support standards published under this Act include provision for:
appropriate rehabilitation services
an assessment of the suitability of an individual for the provision of these services.
Throughcare support relates to services provided to prisoners both during and after their sentences. This service can be statutory or voluntary.
Under existing law, the Parole Board of Scotland is involved in considering the release of prisoners where they are serving a sentence of four years or more, or are life sentence prisoners.
The Bill would amend the Prisoner and Criminal Proceedings (Scotland) Act 1993 to ensure that, for those prisoners serving a period of imprisonment for a domestic abuse offence (as set out in Part 2 of the Bill) and for whom the Parole Board for Scotland will make a decision on their release, the following must take place:
the Scottish Ministers must obtain a report from the local authority setting out an assessment of the suitability of the prisoner for participation in a programme of appropriate rehabilitation services and send this to the Parole Board
the Parole Board must take this report into account when considering and disposing of the case.
The Scottish Government, in their letter to the Criminal Justice Committee dated 23 June 20251, providing some initial views on the Bill noted that:
With regard to Part 2, it is worth noting that the consideration of rehabilitative measures and support programmes can and do form part of the dossier which is subsequently referred to the Parole Board prior to their decision-making. It is acknowledged that this process could be strengthened, however this can be achieved without the requirement for legislation.
As with Part 1, the Member notes in the Financial Memorandum (para 47) that "it is difficult to estimate how many domestic abuse offenders will be subject to the assessment requirements, as set out in Part 2 of the Bill, due to limitations with the availability of data".
The estimated costs for social workers to provide assessment reports to courts on the suitability of offenders to participate in rehabilitation programmes is based on the number of people convicted of the relevant domestic abuse offences in 2022-23 (8,570) along with the staff costs of preparing such a report (£554).
These estimates result in an annual recurring cost of £4,747,780 for local authorities.
This figure of 8,570 people includes convictions under the Domestic Abuse (Scotland) Act 2018 and Abusive Behaviour and Sexual Harm (Scotland) Act 2016. It does not include those who may be convicted under sections 7 and 17 of the Domestic Abuse (Protection) (Scotland) Act 2021, as this Act is not yet in force.
It is an estimate only as it does not differentiate between those who were convicted on indictment, or those who were convicted in any court of a second or subsequent domestic abuse offence, which are the criteria for assessment in the Bill.
The Financial Memorandum notes (para 71) that it has not been possible to estimate the number of offenders who would be subject to the assessment while in custody or prior to release, stating:
With regards to the assessment in custody and prior to release, the Bill sets out that it applies to those convicted before or after the coming into force of this section and it is therefore not possible to establish how many domestic abuse offenders in custody would be subject to the assessment.
Costs for the Scottish Government from this part of the Bill are estimated to come from the following:
rehabilitation programme for domestic abuse offenders per 100 offenders: £232,504 (a total cost is not provided)
development of throughcare standards: £31,020.
Unit costs for the Scottish Government to provide statutory throughcare of £11,968 have been provided in the Financial Memorandum, however, as noted above, it has not been possible to estimate the numbers of people in custody who would be subject to an assessment at this stage. The Financial Memorandum (p 27), however, goes on to note that "this figure is not included in the total as domestic abuse offenders are within those budgeted for under the Bail and Release from Custody (Scotland) Act 2023".
In terms of any potential costs to the Parole Board, the Financial Memorandum (para 68) states:
It is assumed that the Parole Board won't incur additional costs as a result of taking an assessment report into account while considering and disposing of the case of a domestic abuse offender prior to release. The average cost of considering a case at a meeting of the Board is £200.
This part of the briefing considers Part 3 of the Bill and sets out information on:
the consultation on the draft Bill proposal
the costs in the Financial Memorandum.
The consultation asked respondents for their views on the introduction of an obligation for annual reporting by the Scottish Government on access to domestic abuse services for people from under-represented communities, where there can be barriers to them reporting or accessing services for domestic abuse. The report was to set out the action the Government has taken during that period to improve the delivery of domestic abuse services for under-represented groups, such as people from ethnic minority backgrounds or disabled people.
A large majority of individual respondents (86%) and organisations (71%) were fully or partially supportive of this provision.
Those respondents who were supportive of this proposal spoke of the benefits of data collection and reporting, including that it would help to assess the current situation regarding domestic abuse, and identify gaps in services and where action was required.
The Scottish Association of Social Work highlighted the disproportionate impact of domestic abuse on victim-survivors from diverse backgrounds, stating:
We know that there are factors in people's lives which not only increase opportunities for perpetrators to assert power and control, but also add extra barriers to victim-survivors’ capacity to seek help and achieve safety. These include but are not restricted to culture, religion, immigration status, socio-economic status, age, disability, sexuality, and gender. We actively promote the need to view domestic abuse through an intersectional lens, and for services to be aware of and sensitive to the ways in which domestic abuse can be exacerbated through wider societal features.
Issues raised by respondents included the fact that there are already duties on service providers through the Public Sector Equality Duty under the Equality Act 2010 and that these could be strengthened.
The Public Sector Equality Duty came into force in 2011 under the Equality Act 2010 and is a statutory duty on public authorities requiring them to consider how their policies, programmes and services will affect people with different protected characteristics (as set out in the Equality Act 2010). It also requires public bodies to monitor the impact of what they do on these different groups.
A further issue raised during the consultation was the additional burden this reporting may place on the third sector. This has been addressed in the Bill as introduced where charities do not need to collect the personal data where it would be "impracticable to do so having regard to the charity's resources".
Sections 21 to 27 of the Bill would place a statutory duty on Police Scotland, the Crown Office and Procurator Fiscal Service (COPFS) and charities who provide help or support to victims of domestic abuse to record certain "relevant personal data" and provide this to Scottish Ministers. Ministers must then report on this data, with the first report being published within three months after the first year following section 26 of the Bill coming into force.
The Policy Memorandum (para 14) sets out why this provision is needed stating:
... it is the Member's view that to this day, the data collected by authorities is still lagging, making it difficult to determine where services are needed. The Member also understands that there is no ‘one size fits all’ approach, when dealing with domestic abuse due to cultural differences.
The data to be collected relates to the victims of domestic abuse or alleged offences involving domestic abuse and includes the following information:
age or age range
sex
if they have a disability
nationality
ethnic or national origins
if they have ever been a child looked after by a local authority.
The Scottish Ministers can amend the definition of relevant personal data to be collected by regulations made under the affirmative procedure.
Currently, the publications set out in the Data on domestic abuse offences in Scotland section above report on gender and age.
The Bill sets out that this data is to be provided by victims on a voluntary basis, therefore they may decline to provide any of the data requested.
The Bill also sets out provision for situations when charities do not need to collect this personal data. This would be where it is:
unreasonable to do so having regard to the person's circumstances
impracticable to do so having regard to the charity's resources.
The definition of domestic abuse or offences involving domestic abuse in this part of the Bill is an offence, or behaviour that could constitute an offence, under the following:
section 1(1) of the Domestic Abuse (Scotland) Act 2018 - abusive behaviour towards a partner or ex-partner
section 7 of the Domestic Abuse (Protection) (Scotland) Act 2021 - breach of a domestic abuse protection notice (not included in the definition in Part 1 of the Bill)
section 17 of the Domestic Abuse (Protection) (Scotland) Act 2021 - breach of a domestic abuse protection orderi
any offence which involves a statutory aggravation of domestic abuse, under section 1 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016.
Section 24 of the Bill allows the Scottish Ministers to make changes to the collection of data in cases where the victims of domestic abuse or alleged offences involving domestic abuse are under the age of 16.
In the letter to the Criminal Justice Committee dated 23 June 20251 where the Scottish Government provided an initial response to the Bill, they recognised that more work was required in terms of data collection but that there were:
... opportunities to progress this area through non-legislative measures and we are already discussing that with justice partners through our Domestic Abuse roundtable format.
In respect of the cost to Police Scotland and COPFS of collecting, collating, and providing the data required for annual reports, the Financial Memorandum (para 76) states that:
... it is envisaged that those costs would be low, as they would simply require those bodies to use existing systems for recording and collating data to include additional information about the victims of domestic abuse alongside the many existing data categories. The Member envisages that these costs could be met by existing budgets.
In terms of the additional costs incurred by the Scottish Government, the Financial Memorandum (para 74) notes that they:
... will incur minimal additional costs as data on domestic abuse is already collected by Police Scotland and submitted to the Scottish Government. The Scottish Government publishes the annual ‘Domestic abuse recorded by the police in Scotland’ Official Statistics. The additional cost will be incurred by including data broken down by the specific groups of individuals who are victims of domestic abuse, such as those with a disability or ethnic minorities.
With regards to estimating the cost of the preparation and the publication of the annual reports required by the Scottish Government this is estimated at £15,070 (including staff time and publication costs).
This part of the briefing considers Part 4 of the Bill and sets out information on:
the consultation on the draft Bill proposal
the costs in the Financial Memorandum.
The consultation asked respondents for their views on the introduction of mandatory school education relating to domestic abuse, and how it could be delivered. This included the amount of teaching time required, the content, who should deliver it, and the most appropriate age for children to begin receiving it.
The consultation recognised that there are existing educational programmes on domestic abuse but argued that they lack uniformity and noted that they are not legislated for.
There were high levels of full and partial support for this provision from both individuals (95%) and organisations (84%) who responded.
Those who were supportive of the provision noted the positive impacts they felt introducing mandatory domestic abuse education in schools would have. This included raising awareness that domestic abuse is unacceptable, as well as hopefully resulting in a reduction in the prevalence of domestic abuse in the long term.
Respondents provided suggestions for who should provide, and be involved in, this education and for the age it should be introduced for children.
Some respondents made reference to the fact there are existing domestic abuse education programmes, including the Equally Safe at School scheme.
Other issues raised by respondents included the mandatory nature of the provision, since very few parts of the Scottish curriculum are currently mandated, and the possibility that the nature of the subject matter could be inappropriate and traumatising for some students. This issue has been addressed in the Bill as introduced which allows parents to withdraw their child from this education.
Sections 28 to 32 relate to the provision of domestic abuse education in schools.
The Policy Memorandum (para 18) sets out why this provision is believed to be necessary, stating:
... the Member believes that introducing domestic abuse education to young people will help raise understanding and awareness of domestic abuse and facilitate a longer-term cultural shift necessary to prevent domestic abuse in Scotland. In the shorter-term young people could come to be more aware of the types of domestic abuse and the indicators of it. As well as ensuring young people grow up mindful of the harm that domestic abuse causes, this education could also lead to more young people identifying concerning behaviour and confiding in school staff or their peers.
It goes on to state (para 113) that:
... the Member is very supportive of current work undertaken under the auspices of the Equally Safe programme in schools. Her concern is that the provision of domestic abuse education is not happening on a systematic basis and she is seeking, through her provisions in the Bill, to ensure that such education is available on a Scotland wide basis.
Section 28 sets out that the Scottish Ministers and education authorities must "promote, facilitate and support domestic abuse education" in all primary and secondary schools (though not special schools providing education specifically suited to those with additional support needs). The Policy Memorandum notes that the Member believes there will be a focus on secondary schools. The Bill also allows for pupils to be withdrawn from this domestic abuse education.
Domestic abuse education is defined as "education consisting of teaching and learning about the causes of, occurrence of and prevention of domestic abuse, including about what constitutes domestic abuse and the law relating to domestic abuse".
Section 29 of the Bill creates a provision for the Scottish Minister to issue, review and publish guidance to education authorities and for the authorities to have regard to this guidance. The Bill sets out that the Scottish Ministers must consult with charities who provide support for people who have suffered domestic abuse, and other persons as they consider appropriate, when producing this guidance.
Section 30 provides that the Scottish Ministers may by regulations specify the standards and requirements to which an education authority must conform in discharging its functions relating to domestic abuse education, and sets out who they must consult with in the preparation of these regulations.
Section 31 provides that the Scottish Ministers must prepare, and lay before the Scottish Parliament, reports setting out progress made in the delivery of domestic abuse education in schools.
Very little of the content of the school curriculum in Scotland is prescribed in legislation. In the Scottish Government's letter to the Criminal Justice Committee dated 23 June 20251, in which they provided initial views on the Bill, they stated in relation to Part 4 of the Bill that the proposals would be:
... out of line with the current discretionary and non-prescriptive approach to the delivery of learning and teaching within the curricular framework currently in place, which the Scottish Parliament has consistently recognised as important.
The approach and content of the curriculum is currently being reviewed. The Organisation for Economic Co-operation and Development's (OECD) 2021 report Scotland's Curriculum for Excellence, Into the Future found that, in Scotland, “the policy environment is crowded with multiple initiatives” and that “where new policies are introduced (or old ones revisited), alignment and coherence is an issue”. It also stated that a “gap in the policy environment is an established systematic review cycle for CfE [Curriculum for Excellence] supported by robust data and evidence” and recommended that Scotland should consider adopting this approach. The Government has accepted this recommendation and Education Scotland is leading the development of a new Curriculum Improvement Cycle (CIC). The CIC will re-examine the specification of the curriculum – currently the Experiences and Outcomes (E’s and O’s), Benchmarks and a range of additional guidance. The CIC is expected to take around 10 years to develop and implement. The current cycle is expected to run to 2033-34, whereupon the next cycle of review and implementation will begin.
The costs set out in the Financial Memorandum under this part of the Bill fall on the Scottish Government and local authorities.
The Scottish Government would see an estimated annual recurring cost of £975,136 (£990,136 in Year 5 when the review would take place). This would include the following costs:
provision of domestic abuse education in the 244 schools not currently registered with an Equally Safe at School account: £950,136
development and publication of the guidance to education authorities on domestic abuse education: £15,000
review of the guidance to education authorities on domestic abuse education: £15,000 (in Year 5)
development and publication of domestic abuse education standards: £6,000
domestic abuse education progress report: £4,000.
Local authorities will incur costs for the officer time required for the consideration and responding to a consultation on the domestic abuse education standards. This is estimated to be £2,000 per local authority, giving a total of £64,000.
Sections 33 and 34 of the Bill contain regulation-making powers and ancillary provision respectively.
Section 35 of the Bill sets out when the provisions of the Bill, once enacted, will come into force. Part 5 of the Bill will come into force automatically on the day after the Bill receives Royal Assent. Section 35 of the Bill sets out that the rest of the Bill provisions will come into force two months after the day of Royal Assent.
In 2009, the Scottish Government estimated that the cost of domestic abuse was £2.3 billion. Estimates of the social and economic costs of domestic abuse in England and Wales in 2022/23 would translate to an estimated cost to the Scottish public purse of £7 billion over a three-year average period of abuse.
The Member notes in the Financial Memorandum (para 101) that, while there will be an increase in costs associated with the provisions in Parts 1 and 2 of the Bill in the short-term, the Bill:
... will contribute to significant financial savings in the long-term. This will have a positive impact on a number of public sector bodies as well as third sector organisations which are directly and indirectly involved in tackling domestic abuse in Scotland. Reducing the prevalence of domestic abuse will lessen its devastating emotional impact on families and communities and contribute to the reduction of other negative impacts of domestic abuse, such as homelessness or physical and mental health problems.