Domestic Homicide and Suicide Reviews in Scotland: Protocol

10. Suspending or discontinuing domestic homicide and suicide reviews

It should not be necessary to postpone the initiation of a domestic homicide or suicide review until the conclusion of criminal proceedings or FAI but care must be taken to prevent, insofar as is within the Review Oversight Committee or Case Review Panel’s power, domestic homicide and suicide reviews causing prejudice to criminal proceedings or another investigation or inquiry.

Where it is necessary to pause a domestic homicide or suicide review, section 23 of the 2025 Act provides the Lord Advocate with the power to order review proceedings to be suspended to allow for the completion of any other investigation, or the determination of any criminal proceedings, or any relevant inquiry which the Lord Advocate considers to be connected. “Relevant inquiry” means a FAI or a Scottish public inquiry under the Inquiries Act 2005.

Section 23 of the 2025 Act also enables the Lord Advocate to discontinue a domestic homicide or suicide review where it is appropriate to do so considering any other investigation, or any criminal proceedings, or any relevant inquiry.

Where the Lord Advocate is considering whether a domestic homicide or suicide review should be suspended or discontinued, the Lord Advocate must consult the Review Oversight Committee Chair prior to exercising this power. This is in order for the Review Oversight Committee Chair to understand the basis for any such decision and potentially to offer suggestions for ways in which the review’s work could be carried out or phased so as to avoid the anticipated prejudice without the need for suspension or discontinuation. This consultation must be meaningful and should be carried out at the earliest possible opportunity.

These discussions will be facilitated by the Secretariat, and materials related to these conversations will be stored in the Scottish Government’s secure document management system with access restricted. Following the discussion between the Lord Advocate and the Review Oversight Committee Chair, where the Lord Advocate decides to exercise the power to suspend or discontinue the Lord Advocate must provide in writing to the Review Oversight Committee notice of the suspension or discontinuation and set out the reasons for exercising the power. A high level summary of the rationale for the decision to suspend or discontinue a domestic homicide or suicide review will be included within the biennial report to Parliament, based on the contents of the written notice of the decision. This will not contain information that may jeopardise any ongoing investigation or proceedings. The consultation with the Review Oversight Committee Chair provides the opportunity for more in-depth discussion of any sensitive matters on a confidential basis.

In relation to a suspension the Lord Advocate is to provide within the notice a date when the suspension will end, identify an event which must occur such as conclusion of a criminal trial prior to recommencement of a review, or specify that the suspension is until the Lord Advocate provides a further notice to the review oversight committee.

Good working relationships between relevant parties will be important to ensuring a domestic homicide and suicide review can continue where appropriate or where limitations or restrictions are required, these can be discussed promptly to enable a review to continue.