Part 2

Domestic homicide and suicide reviews

Conduct of reviews

Protocol in relation to interaction with criminal investigations etc.
24
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.
S. 24 not in force at Royal Assent, see s. 34(4)