Part 2Domestic homicide and suicide reviews

Conduct of reviews

24Protocol 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.