Part 2

Domestic homicide and suicide reviews

Conduct of reviews

Duty on designated core participants to co-operate
25
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.
S. 25 not in force at Royal Assent, see s. 34(4)