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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

Introduced: the Bill and its documents

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.

Accompanying Documents

Explanatory Notes (335KB, pdf) posted 24 September 2024

Policy Memorandum (366KB, pdf) posted 24 September 2024

Financial Memorandum (300KB, pdf) posted 24 September 2024

Delegated Powers Memorandum (162KB, pdf) posted 24 September 2024

Statements on legislative competence (110KB, pdf) posted 24 September 2024

Accompanying Documents (print versions)

Explanatory Notes (406KB, pdf) posted 24 September 2024

Policy Memorandum (458KB, pdf) posted 24 September 2024

Financial Memorandum (357KB, pdf) posted 24 September 2024

Delegated Powers Memorandum (273KB, pdf) posted 24 September 2024

Statements on legislative competence (162KB, pdf) posted 24 September 2024

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

Stage 1: general principles

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.

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.