Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Bill

The Bill as introduced makes changes in relation to procedures in criminal courts. It also introduces a process for reviewing deaths which relate to abusive behaviour within relationships.

This is a Government bill

The Bill was introduced on 24 September 2024.

Stage: Introduced Stage: Stage 1 Stage: Stage 2 Stage: Stage 3 Stage: Act

This Bill has been introduced.

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Overview

As introduced, this Bill has two main parts.

Part 1 makes changes in relation to procedures in criminal courts. Some of these changes were introduced on a temporary basis through the Coronavirus (Scotland) Act 2020 and the Coronavirus (Recovery and Reform) (Scotland) Act 2022. This Bill makes the following procedures permanent:

using electronic signatures on court documents
sending court documents electronically
attending criminal court hearings virtually
increasing fixed penalty limits (the amount of money that someone can be asked to pay to avoid being taken to court for a minor offence)
national jurisdiction for callings from custody, which allow some criminal cases to be taken in any sheriff court in Scotland

Part 1 of the Bill also makes some new changes to procedures in criminal courts. These are:

treating pictures of physical evidence in the same way as the original physical evidence in criminal cases
establishing a process for electronic copies of documents to be trusted

Part 2 of the Bill creates a process for reviewing deaths which relate to abusive behaviour within relationships. These reviews should look at what lessons can be learnt in relation to a death to try to stop similar things happening again. The Bill also creates an oversight committee and case review panels to undertake and manage the reviews.

Why the Bill was created

Part 1 of the Bill was created to modernise procedures in criminal courts. Some of these changes are already in place and the Bill makes these permanent.

Part 2 of the Bill aims to provide a process for reviewing deaths which relate to abusive behaviour within relationships, to allow lessons to be learned.

All Bills introduced in the Parliament must be accompanied by specific documents. For most Bills, this includes:

Explanatory Notes: this document provides an overview of what the Bill does, plus a more detailed explanation of individual provisions.

Policy Memorandum: this sets out the objectives of the Bill. It also lists any alternatives considered, details of consultations, and an assessment of the effects of the Bill on a range of areas.

Financial Memorandum: this sets out estimates of costs, savings, and any changes to revenues expected to result from the Bill.

Delegated Powers Memorandum: this is needed if a Bill gives powers to make subordinate legislation or allows Scottish Ministers to issue directions, guidance or codes of practice.

Statements on legislative competence: two short statements, one by the Presiding Officer and one by the Member introducing the Bill. “Legislative competence” means the powers the Parliament has to make law.

Research on the Bill

The Scottish Parliament's Information Centre (SPICe) prepares impartial research and analysis to assist MSPs in their examination of Bills and other parliamentary business.

A research briefing will be published in due course.

The Bill was introduced on 24 September 2024

Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Bill

Introduced: the Bill and its documents

Overview

Why the Bill was created

Bill as Introduced

Accompanying Documents

Accompanying Documents (print versions)

Research on the Bill