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

Prospective

19 Determination as to whether to hold a review S

(1) Following notification or a referral of a death under section 17, the review oversight committee must—

(a) satisfy itself as to whether the death is a reviewable death, and

(b) where it is so satisfied—

(i) determine whether a domestic homicide or suicide review should be carried out in respect of the death, or

(ii) if the committee is unable to reach a unanimous decision and the chair of the committee so decides, refer the question to the Scottish Ministers for their determination.

(2) A determination under subsection (1)(b) is to be based on—

(a) the likelihood of the review identifying lessons to be learned from the death or the circumstances leading up to it which would improve Scottish practice in—

(i) the safeguarding of those affected by abusive domestic behaviour, or

(ii) the promotion of the wellbeing of victims of abusive domestic behaviour,

(b) whether any Scottish public authorities or voluntary organisations operating in Scotland were involved, or had the opportunity to be involved, in the circumstances leading up to the death, and

(c) where the persons who are persons A and B for the purpose of section 12 in relation to the death in question were not partners or ex-partners, whether and to what extent there appears to be a connection between—

(i) the death, and

(ii) abusive behaviour (within the meaning of section 12) between person A and any partner or ex-partner of person A.

(3) In assessing matters as mentioned in subsection (2), the factors to which regard is had must include—

(a) the extent of the apparent connection between the abusive domestic behaviour and the death in question,

(b) the information available to the committee or a case review panel, or likely to be obtainable by either of them, in respect of the circumstances leading up to the death,

(c) the extent of the connection which the persons mentioned in section 12(3) or (as the case may be) 12(5) have or had to Scotland.

(4) Where the committee is making a determination under subsection (1)(b)(i), it may, if the chair of the committee so decides, seek advice from the Scottish Ministers in relation to the making of the determination.

(5) Where the committee satisfies itself that a death is not reviewable or determines that a review should not be carried out in respect of it (whether or not advice has been sought under subsection (4))—

(a) the chair of the committee must provide the Scottish Ministers with the committee’s reasons for reaching that outcome, and

(b) the Scottish Ministers may step in and direct the committee to secure the carrying out of a review in respect of the death.

(6) The chair of the committee must, when making a referral under subsection (1)(b)(ii) or seeking advice under subsection (4), provide the Scottish Ministers with such information within the chair’s possession or control as the chair considers is likely to be of assistance to Ministers in the exercise of their functions under those subsections.

(7) In this section—

• “abusive domestic behaviour” means abusive behaviour by person A towards person B, within the meaning of section 12(2),

• “voluntary organisation” means a body (other than a public authority), the activities of which are carried on otherwise than for profit.

Commencement Information

I1 S. 19 not in force at Royal Assent, see s. 34(4)