Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Act 2025

Conduct of reviews

22 Carrying out of review

(1) Where the outcome of consideration of a death under section 19 is that a domestic homicide or suicide review is to be carried out in respect of the death, the chair of the review oversight committee must establish a case review panel to carry out the review.

(2) Where the committee considers it appropriate to do so, it may—

(a) establish a panel to carry out a combined review of two or more deaths,

(b) instruct the panel to carry out its review in conjunction with a review of another type being carried out by someone else into circumstances relating to the death in question.

(3) In respect of each domestic homicide or suicide review, the committee—

(a) must specify the terms on which the review is to be undertaken (the review’s “terms of reference”), and

(b) may modify the terms of reference as it considers appropriate.

(4) Where the remit of a review is expanded under section 20, the terms of reference must reflect the expansion.

(5) The terms of reference of a review may be modified under subsection (3)(b) so as to set any remit which could have been set following consideration under section 20, but subsection (5) of that section applies to any expansion of the remit by modification as it applies to any expansion of the remit under that section.

(6) The committee must ensure that the panel established to carry out a review—

(a) makes satisfactory progress in doing so,

(b) acts in accordance with the review’s terms of reference, and

(c) suspends, discontinues or resumes its review in accordance with any notice received by the committee under section 23.

(7) The Scottish Ministers may reimburse the expenses reasonably incurred by any person who participates in a domestic homicide or suicide review.

23 Lord Advocate’s power to order suspension or discontinuation of review proceedings

(1) The Lord Advocate may at any time order the suspension of consideration of a death under section 19, or of a domestic homicide or suicide review, for such period as appears to the Lord Advocate to be necessary to allow for—

(a) the completion of any other investigation, or

(b) the determination of any criminal proceedings, or any relevant inquiry,

which the Lord Advocate considers to be connected.

(2) The Lord Advocate may at any time order the discontinuation of consideration of a death under section 19, or of a domestic homicide or suicide review, where the Lord Advocate has concluded that it is appropriate to do so in light of—

(a) any other investigation, or

(b) any criminal proceedings, or any relevant inquiry.

(3) The powers conferred by subsections (1) and (2) are exercised by the Lord Advocate giving written notice to the review oversight committee, setting out the Lord Advocate’s reasons for exercising the power.

(4) Before exercising a power conferred by subsection (1) or (2), the Lord Advocate must consult the chair of the review oversight committee.

(5) A notice under subsection (1)—

(a) may be given whether or not the investigation, criminal proceedings or inquiry has begun, and

(b) may order the suspension of consideration of a death under section 19, or of a domestic homicide or suicide review, until—

(i) a day specified in the notice,

(ii) the happening of a specified event, or

(iii) the giving by the Lord Advocate of a further notice to the committee.

(6) Where the Lord Advocate gives a notice under subsection (1), (2) or (5)(b)(iii), the Lord Advocate must provide the Scottish Ministers with a copy of it.

(7) For the purposes of this section—

(a) consideration of a death under section 19 is to be taken to commence upon receipt by the review oversight committee of a notification or referral in respect of the death,

(b) “relevant inquiry” means—

(i) an inquiry under the Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016, or

(ii) an inquiry under the Inquiries Act 2005 for which the Scottish Ministers are solely responsible (see section 28 of that Act).

24 Protocol in relation to interaction with criminal investigations etc.

(1) The persons mentioned in subsection (2) must agree and maintain a protocol in respect of—

(a) the consideration of deaths under section 19, and

(b) the carrying out of domestic homicide or suicide reviews.

(2) The persons who are to be the parties to the protocol are—

(a) the chair of the review oversight committee,

(b) the chief constable of the Police Service of Scotland,

(c) the Lord Advocate,

(d) the Police Investigations and Review Commissioner, and

(e) the Scottish Ministers.

(3) The protocol must describe in general terms the processes and arrangements which the parties to it intend to follow—

(a) in order to prevent, insofar as within their power, the matters mentioned in subsection (1)(a) and (b) causing prejudice to—

(i) any criminal investigation, or any other investigation directed by the Lord Advocate or a procurator fiscal,

(ii) any criminal proceedings,

(iii) any relevant inquiry within the meaning of section 23(7)(b), and

(b) in relation to the provision by the review oversight committee, or a case review panel carrying out a review, to the chief constable or, as the case may be, the Police Investigations and Review Commissioner of information obtained in connection with the matters mentioned in subsection (1)(a) and (b).

(4) The processes and arrangements covered by the protocol must include the circumstances in which a person is not to be interviewed or required to provide information to the review oversight committee or a case review panel without the prior consent of—

(a) the chief constable,

(b) the Lord Advocate,

(c) the Police Investigations and Review Commissioner.

(5) The parties to the protocol must keep it under review and may at any time revise it.

25 Duty on designated core participants to co-operate

(1) A designated core participant is to co-operate, in relation to the consideration of a death under section 19 and the carrying out of a domestic homicide or suicide review, with—

(a) the review oversight committee,

(b) a case review panel established to carry out a review, and

(c) other designated core participants.

(2) For the purposes of subsection (1), co-operation includes—

(a) participating, on request, in a domestic homicide or suicide review,

(b) providing, as soon as reasonably practicable following a request, such information or assistance as the committee or (as the case may be) the panel reasonably considers necessary for the purpose of fulfilling its functions under this Part.

(3) But, subject to subsection (4), a designated core participant is not required by virtue of subsection (1) to provide information which that person would be entitled to refuse to provide in proceedings in a court in Scotland.

(4) Subsection (3) does not relieve a designated core participant of the obligation under subsection (1) to provide any information to which a request mentioned in subsection (2)(b) extends by virtue of provision made under section 4(4) or paragraph 6 of schedule 3 of the Rehabilitation of Offenders Act 1974.

(5) Where the Lord Advocate gives an order under section 23(1) requiring the suspension of consideration of a death, or of a review, subsection (1)—

(a) ceases to have effect in relation to the consideration or review, but

(b) once again has effect in relation to the consideration or review if it is resumed following the suspension.

(6) In this section, “designated core participant” means—

(a) a local authority,

(b) a health board constituted under section 2(1)(a) of the National Health Service (Scotland) Act 1978,

(c) a special health board constituted under section 2(1)(b) of the National Health Service (Scotland) Act 1978,

(d) the chief constable of the Police Service of Scotland,

(e) the Scottish Police Authority,

(f) the Police Investigations and Review Commissioner,

(g) the Lord Advocate,

(h) the Scottish Courts and Tribunals Service,

(i) the Scottish Ministers in the exercise of their functions under the Prisons (Scotland) Act 1989,

(j) Community Justice Scotland,

(k) the Risk Management Authority,

(l) Social Care and Social Work Improvement Scotland,

(m) the Scottish Social Services Council,

(n) Social Work Scotland Ltd. (company number SC317274).

(7) The Scottish Ministers may by regulations modify subsection (6) so as to add a designated core participant, vary the description of a designated core participant, or remove a designated core participant.

(8) Before making regulations under subsection (7), the Scottish Ministers must consult the public authority or other person in respect of which they propose to make regulations.

26 Provision of information

(1) A requiring authority may, by notice in writing, require a person (including another requiring authority) to provide it, as soon as reasonably practicable, with information—

(a) which is in the person’s possession or control, and

(b) which the requiring authority giving the notice reasonably considers is necessary for the carrying out of its functions under this Part.

(2) But, subject to subsection (3), a person is not required by virtue of subsection (1) to provide information which that person would be entitled to refuse to provide in proceedings in a court in Scotland.

(3) Subsection (2) does not relieve a person of the obligation under subsection (1) to provide any information to which a notice extends by virtue of provision made under section 4(4) or paragraph 6 of schedule 3 of the Rehabilitation of Offenders Act 1974.

(4) A requiring authority may not give a notice under subsection (1) to a person who is a designated core participant for the purposes of section 25 (but information may be obtained from the person under that section).

(5) Where the Lord Advocate gives an order under section 23(1) requiring the suspension of consideration of a death, or of a review—

(a) a notice under subsection (1) ceases to have effect so far as it relates to the consideration or review, but

(b) a further notice under subsection (1) may be issued in relation to the consideration or review if it is resumed following the suspension.

(6) For the purposes of subsection (1), the following are requiring authorities—

(a) the Scottish Ministers,

(b) the chair of the review oversight committee,

(c) the chair of a case review panel.

(7) In this section, “information” includes unrecorded information.