Part 2

Domestic homicide and suicide reviews

Conduct of reviews

Lord Advocate’s power to order suspension or discontinuation of review proceedings
23
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).
S. 23 not in force at Royal Assent, see s. 34(4)