Domestic Abuse (Scotland) Act 2018 – Reporting Requirement

2. Main Findings

• Limitations on the data currently available mean it is too early to fully assess the impact of the legislation on the prosecution of various types of abuse, including emotional and psychological abuse, which takes place over a period of time, under the new domestic abuse offence.
• In 2021-22 there were 1,361 cases registered and 726 cases resulting in at least one conviction under section 1 of DASA 2018. This was an increase of 14% compared to cases registered in 2020-21 (1,196) and cases resulting in a conviction almost doubled from 367. (Table 1)
• The offence in section 1 of DASA 2018 was the only crime type to show an increase in the number of proceedings in 2020-21, when the COVID-19 pandemic and subsequent court closures impacted heavily on the capacity for cases to be heard in court. (Table 4a, 2020-21 Criminal Proceedings bulletin)
• In each year, the majority of cases registered with at least one domestic abuse charge under section 1 of DASA 2018 were in sheriff summary proceedings, 95% of all cases registered in 2019-20, 85% in 2020-21 and 79% in 2021-22. (Table 1)
• In each of the three years of the reporting period the sheriffdoms of Grampian, Highlands and Islands and Tayside Central and Fife have the highest number of both cases registered and cases resulting in a conviction with at least one DASA 2018 charge. (Table 1a)
• In 2021-22 there were 13,862 cases registered and 8,815 cases resulting in a conviction with a statutory domestic abuse aggravation. This was a decrease of 5% in cases registered (14,587) and an increase of 24% (7,123) in cases resulting in a conviction from 2020-21. (Table 2)
• In each year, the majority of cases registered were in sheriff summary proceedings, 94% of all cases registered in both 2019-20 and 2020-21 and 92% in 2021-22. (Table 2)
• In each of the three years of the reporting period the sheriffdom of Tayside, Central and Fife has the highest number of cases registered with a statutory domestic abuse aggravation. The second highest number of cases registered is in the sheriffdom of Lothian and Borders. South Strathclyde, Dumfries and Galloway and Tayside Central and Fife had the highest number of cases with a statutory domestic abuse aggravation resulting in a conviction. (Table 2a)
• In 2021-22 there were 360 cases registered and 156 cases resulting in a conviction with a statutory domestic abuse aggravation involving a child proved. This was a decrease of 27% in cases registered (494) and an increase of 77% (88) in cases resulting in a conviction from 2020-21. (Tables 3)
• In each year, the majority of cases registered were in sheriff summary proceedings, 97% of all cases registered in 2019-20, 90% in 2020-21 and 85% in 2021-22. (Table 3)
• In general the sheriffdoms of Tayside Central and Fife and Grampian, Highland and Islands have the highest number of both cases registered and cases resulting in a conviction with the domestic abuse aggravation involving a child proved. (Table 3a)
• In 2021-22 there were 69% (504) cases resulting in a conviction with at least one DASA offence where an NHO was granted. There was an increase in the number of cases with at least one DASA offence where an NHO was granted during the three financial years, going up from 59% (127) in 2019-20 and 64% (235) in 2020-21. In each year, the majority of these cases resulting in a conviction with an NHO granted took place in sheriff summary proceedings, 88% in 2019-20, 80% in 2020-21 and 82% in 2021-22. (Table 4)
• In 2021-22 the sheriffdoms of Glasgow and Strathkelvin, Lothian and Borders and North Strathclyde have the highest proportion of cases resulting in a conviction with DASA offences with NHOs granted, 79%, 77% and 75% respectively. In general the proportion of cases resulting in a conviction with DASA offences with NHOs granted has increased in 2021-22 from 2019-20 in all sheriffdoms except in Grampian Highland and Islands. (Table 4a)
• The number of cases resulting in a conviction with offences with statutory domestic abuse aggravators where an NHO was granted increased during the three years going from 17% (1,560 cases) in 2019-20 to 23% (1,658 cases) in 2020-21 to 31% (2,705 cases) in 2021-22. In each year, the majority of these cases resulting in a conviction with NHOs granted took place in sheriff summary proceedings, 90% in 2019-20, 89% in 2020-21 and 89% in 2021-22. Where sheriff solemn proceedings accounted for 10% in the three years, and the High Court for 1%. (Table 5)
• In 2021-22 the sheriffdoms of North Strathclyde and South Strathclyde, Dumfries and Galloway had the highest number of cases resulting in a conviction of a crime with a statutory domestic abuse aggravation recorded that attracted an NHO (33% of all cases with statutory domestic abuse aggravation). In general the proportion of cases with statutory domestic abuse aggravation that attracted an NHO increased by one and a half times or more in all the sheriffdoms during the three years. (Table 5a)
• Across all courts, median journey time from court registration to verdict for accused with charges under DASA 2018 have increased since the Act was implemented in 2019-20 by 60 days to 125 days in 2020-21 compared to 2019-20 and then by 91 days to 216 in 2021-22. (Table 8)
• In 2021-22, the median court registration to verdict times for accused with at least one DASA 2018 charge on registration increased in all the sheriffdoms compared to 2019-20 and 2020-21. Glasgow and Strathkelvin and Lothian and Borders had the highest median court registration to verdict times (246 days) while North Strathclyde showed the lowest (155 days). (Table 8a)
• Across all courts, median journey time from court registration to verdict for accused with at least one offence with a statutory domestic abuse aggravation decreased by 5 days to 59 days in 2020-21 compared to 2019-20 and then increased 76 days up to 135 days in 2021-22. The increase in journey times may reflect a combination of cases tried on indictment taking longer to enter the system (particularly in view of the lack of jury trials in the early part of the pandemic) and the impact of the pandemic on court journey times and the increase in cases due to this new legislation. (Table 9)
• In 2021-22, the median court registration to verdict time for accused with at least one offence with a statutory domestic abuse aggravation also increased in all the sheriffdoms compared to 2020-21. Glasgow and Strathkelvin (153 days) and Lothian and Borders (193 days) had the highest median court registration to verdict time while North Strathclyde showed the lowest (87 days). (Table 9a)