Meeting of the Parliament (Hybrid) 26 January 2022
I very much welcome the opportunity to discuss the significant problem of domestic abuse in Scotland and how the legal system deals with such situations. First, though, I want to record my thanks to members who have signed the motion in order to enable the debate to take place. I should also say that I want to focus on the issues involved in domestic violence charges rather than on rape and sexual offence cases, which I have spoken about previously and which the Government is, of course, considering in relation to the recommendations in Lady Dorrian’s report on rape and sexual offence cases.
In 2020 to 2021, more than 33,000 charges with a domestic abuse identifier were reported to the Crown Office and Procurator Fiscal Service, which is a 9 per cent increase on the previous year. About one in four of those cases was classed as common assault.
Of course, many women and girls do not go to the police. The fact is that violence against women and girls is endemic in our society. That relates to wider issues and the power relationship between men and women, but the justice system has a track record of failing to deal with in an acceptable way many of the domestic abuse cases that are taken to the authorities. Many women and girls who have suffered domestic abuse have described their experiences of the justice system as retraumatising, and it is clear that improving their experiences will require significant changes to the system.
Since the Scottish Parliament’s creation, MSPs of all political parties have attempted to highlight the issue of domestic violence and to make legislative changes to improve handling of cases. Things have changed. For example, some parts of the country now have separate facilities for domestic abuse cases so that the complainer does not have to go through the unpleasant experience of attending court. Moreover, in some cases, evidence is sometimes taken by commission, which ensures that the victim does not have to go to court. That is particularly important for young children who have to give evidence.
My motion calls on the Scottish Government to analyse and evaluate the outcomes of specialist domestic abuse courts that have been operating in some parts of the country, particularly Glasgow and Edinburgh, and to lay out a strategy for rolling out specialist abuse courts across the country. Such courts potentially offer an opportunity to massively change the way in which domestic abuse charges are dealt with, through use of trauma-informed approaches, use of specialist premises, a focus on consistent sentencing and use of specialist prosecutors to deal with cases.
When the Parliament debated a Government motion on gender-based violence on 30 November 2021, Scottish Labour lodged an amendment that called on the Scottish Government to evaluate specialist domestic abuse courts with a view to rolling them out across the country. On that occasion, the Scottish National Party voted against that amendment, but I very much hope that the Scottish Government is willing to look again at the proposal. After all, that particular vote rested on a technicality, and I hope that the Government accepts that it has the power to introduce those courts throughout the country.
Last May, the Scottish Courts and Tribunals Service set up a pilot project for virtual summary criminal trials in Aberdeen and Inverness sheriff courts. After an interim report, a virtual trials national project board was established on which all interested groups were represented. In Aberdeen, the pilot was continued for only domestic abuse cases, with a remote facility being used for witnesses under the supervision of Victim Support Scotland.
Last week, the project board reported to the Lord Justice General and the Cabinet Secretary for Justice and Veterans, recommending that every sheriffdom has a dedicated specialist online court for domestic abuse cases. The report said that a virtual dedicated specialist summary court would offer advantages by increasing protection and reducing trauma for complainers; making it easier for witnesses to give evidence; offering some efficiencies through reducing the amount of travel; maintaining efficiency and consistency; and by introducing trauma-informed practices. It also said that virtual courts had an impact in mitigating delays caused by the pandemic, given that about a quarter of all outstanding summary court cases are domestic abuse cases.
Victims groups, which have been campaigning for such courts, have been positive about the pilot, and I would also point out that, in its conclusions, the report said that representation had been received from defence agents that the accused had received a fair trial. That is, of course, one of the concerns that have been expressed about virtual courts.
It is clear that the ways in which the police, courts and wider legal system have operated in the past have not delivered justice to women, and I hope that the Scottish Government will be willing to act to introduce specialist domestic violence courts. There is a debate to be had on the extent to which those courts should be virtual, and I have no doubt that the Criminal Justice Committee will be looking at that aspect over the coming weeks as it considers the Coronavirus (Recovery and Reform) (Scotland) Bill.
Violence—and the fear of violence—touches all women’s lives. I look forward to hearing members’ contributions, and I hope that we will get action from the Government on this issue.
17:14