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 and is at Stage 1

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

This Bill is at Stage 1 of the process to decide if it should become an Act.

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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.

Financial Resolution

The Presiding Officer has decided under Rule 9.12 of Standing Orders that a financial resolution is required for this Bill.

For each Bill, the Presiding Officer must decide if a 'Financial Resolution' is required. The main reasons a Bill would need a Financial Resolution are that:

it would be likely to increase public spending significantly
it would be likely to increase taxation, or would require certain payments to be made.

If a Bill requires a Financial Resolution:

only the Scottish Government can propose it, usually at the end of Stage 1
until a Financial Resolution is agreed, Stage 2 can’t get under way.

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.

Research briefing on the Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Bill

The Bill was introduced on 24 September 2024

At Stage 1, the Bill is given to a lead committee. This is usually the committee whose remit most closely relates to the subject of the Bill. The lead committee will consider and report on the Bill. Other committees may also examine the Bill and report to the lead committee. Finally, there is a debate and vote by all MSPs on the general principles of the Bill. If the general principles are not agreed to, then the Bill ‘falls’ and can’t become law.

Lead committee examines the Bill

The lead committee for this Bill is the Criminal Justice Committee.

The lead committee will usually examine the Bill through evidence sessions. This will involve contributions from individuals and organisations, known as 'witnesses', with knowledge of the subject matter. The committee might also discuss the Bill in private sessions.

Call for views (open)

The Committee is running a call for views on the Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Bill.

Read the questions and submit your views on Citizen Space

The call for views closed on 10 January 2025.

Meetings of the lead committee

30 October 2024

Read the Official Report of the meeting

Watch the meeting on Scottish Parliament TV

Read the agenda, papers and minutes for this meeting

Stage 1 report by the lead committee

The lead committee will publish its Stage 1 report before the debate on the general principles of the Bill.

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)