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

21 Reconsideration of whether to hold a review

(1) The question of whether a death is a reviewable death and, if so, whether a domestic homicide or suicide review should be carried out in respect of it may be reconsidered where—

(a) the outcome of the previous consideration under section 19 was that a review was not to be carried out, and

(b) the decision-maker in respect of that consideration believes it appropriate to reconsider the death as a result of becoming aware of relevant information which was not held by the decision-maker at the time of that consideration.

(2) Where reconsideration of a death is to take place by virtue of subsection (1)—

(a) section 19 applies as it applies following notification or a referral of a death under section 17, with the exception that if the Scottish Ministers were the decision-maker in respect of the previous consideration then they are to perform the review oversight committee’s functions under section 19(1)(a) and (b)(i) in the reconsideration,

(b) for the purposes of this Part, the outcome of the reconsideration is to be treated as being the outcome of consideration of a death under section 19 (and, accordingly, may itself be reconsidered if subsection (1) is satisfied in respect of it).

(3) Where the outcome of reconsideration of a death is itself subject to reconsideration, references in this section to the previous consideration are to be read as references to the previous reconsideration (or, where applicable, to the most recent reconsideration) in respect of the death.

(4) For the purposes of this section, the decision-maker in respect of consideration of a death is—

(a) where the Scottish Ministers made the determination under section 19(1)(b)(ii) or (as the case may be) performed the review oversight committee’s functions in a reconsideration as mentioned in subsection (2)(a), the Scottish Ministers,

(b) otherwise, the review oversight committee.