Domestic Homicide and Suicide Reviews in Scotland: Protocol

11. Persons not to be interviewed or provide information for review purposes

Whilst domestic homicide and suicide reviews are to be undertaken in parallel to criminal justice processes, there may be circumstances where the domestic homicide and suicide review Case Review Panel Chair wishes to interview or seek information from persons for the purposes of a review, and are unable to do so.

Individuals who must not be approached without the consent of (as applicable) Police Scotland, COPFS and/ or the PIRC are:

• young people under 18 or 26 years if previously accommodated or vulnerable persons who are cited, or are likely to be cited, as witnesses in criminal proceedings,
• suspects, accused persons, or individuals who may reasonably be considered at risk of prosecution, and
• any person where contact for review purposes could prejudice criminal investigations or other investigations directed by the Lord Advocate or procurator fiscal, criminal proceedings, FAI, or public inquiry for which the Scottish Ministers are responsible or the administration of justice.

Where there are criminal proceedings that are live or being contemplated confirmation on who cannot be approached for the purposes of a review will be informed by COPFS. Confirmation of any restrictions will be obtained through the relevant justice agency Single Point of Contact, acting on the basis of COPFS advice or, where required, the consent/ views of the Lord Advocate. Any request and confirmation should be recorded in writing and kept under review for the duration of the proceedings.