Service Manager, Centre Services
Glasgow has had a Domestic Abuse Court since 2004, acknowledging the need to address problems in dealing with domestic abuse through traditional courts. A positive evaluation was carried out in 2007, and this outlines the partners involved in this pilot and lists the aims of this dedicated court:
- Increase effectiveness and efficiency in dealing with cases of domestic abuse.
- Increase victims’ and witnesses’ participation in cases.
- Increase victims’ and witnesses’ satisfaction with the criminal justice system.
- Improve the co-ordination of information across the criminal justice system.
- Reduce attrition rates.
- Reduce repeat victimisation and recidivism.
- Determine the costs and benefits of a specialised court to deal with domestic abuse.
The model has gone from strength to strength, and there are now to two dedicated courts in Glasgow Sheriff Court. The learning obtained over time has informed changes, so that the model continues to evolve. Having specially trained prosecutors overseeing these courts has also led to improvements with Crown Office & Procurator Fiscal Service (COPFS), with those Prosecutors now forming a model of a dedicated court for cases of domestic abuse at summary level.
This pilot has also been operational since 2009 in Paisley, Hamilton and Dundee Sheriff Courts. This approach helps reduce the number of unnecessary hearings, through facilitating early disclosure of evidence, early engagement between the Crown and defence and early judicial case management. This helps reduce the number of cases where trial is not the most effective way of achieving resolution, and reduces the volume of late pleas of guilty and late decisions to discontinue proceedings.
HM Inspectorate of Prisons in Scotland (HMIPS) conducted an inspection of The prosecution of domestic abuse cases at sheriff summary level, which reported in April 2024. HMIPS released interim findings in November 2023, which revealed that as a result of the pilot:
- At least 250 summary trials did not require to be assigned in the pilot courts, directly as a result of early resolution through this pilot;
- There was a 25 per cent reduction in the first citation of civilian witnesses in domestic abuse cases in the courts taking part in this pilot; and
- A 34 per cent reduction in the first citation of police witnesses in domestic abuse cases across the courts involved in this pilot.
Police Scotland published an article following the publication of the interim findings, in February 2024.
In January 2023, the Scottish Government also published the report Domestic abuse court experiences – perspectives of victims and witnesses: research findings. This research reports on 22 victims’ and witnesses’ experiences of court (including children and young people) since the introduction of the Domestic Abuse (Scotland) Act 2018 in April 2019.
“Advocacy and support were reported as the most significant mechanisms for minimising trauma and enhancing feelings of safety; however, participants identified gaps in provision, particularly earlier in the process and post court.”
This report includes the views of victims and witnesses throughout, and includes 10 considerations for the future, prioritised by the victims and witnesses:
- To increase public and professional awareness of Domestic Abuse Scotland Act (DASA) and what amounts to criminal behaviour; some participants suggested clear national messaging.
- Effective and expansive use of DASA definitions when responding to domestic abuse, including prosecution of psychological abuse and recognition of harm to children.
- Consistent practice in the investigation of domestic abuse. Victims suggest police explain the law to complainers and build a case collaboratively with them.
- Improve communication and collaboration with victims and witnesses in relation to processes and rationale behind case management, decision-making and evidence giving. Ensure victims’ and child witnesses’ whole story is heard before sentencing.
- Further efforts to maximise victims’ and witnesses’ safety at all stages of the process, including immediately after reporting and post court.
- Reduce court delays and the number of adjournments.
- Increase access to support and advocacy, provision to begin earlier and last longer.
- Increase attention on vulnerability and needs of younger victims and third parties.
- Remove adult and child victims/witnesses from court settings: remote, earlier, pre-recorded evidence would reduce trauma and promote trauma recovery.
“You [the Minister] need to restructure the whole thing from start to finish… More support is needed for victims that do stand up and speak out, and courts’ decisions need to think about the victim’s safety after the courts have finished.” (Adult 4)
“Stuff needs to change. It’s not good enough. And especially for the younger girls. I mean, it’s not fair for you to constantly be battling…even years after it’s all happened, it’s not fair. You need to have more support, you need to have a routine and all that. You need to just…not even be left alone, ‘cause the minute you’re left alone your mind starts going all over the place, that’s when you feel it.” (Young Complainant 1)
“Make sure people have got the time they need to prepare, because it does take a lot to kind of wrap your mind around it, and really, like, take into consideration what you’re about to do. Because it can be really stressful, and have a big impact on people, and really make sure they have someone there to talk to.” (Child 4)