Domestic Homicide and Suicide Reviews in Scotland: Protocol

12. Sharing of review information with justice agencies

Due to domestic homicide and suicide reviews running in parallel to criminal justice processes it is crucial that there is good and regular communication between all parties to the protocol.

Each notification is to be made using the notification form template. When completed the notification will provide information in relation to each death including details of the person(s) who has died and alleged/ suspected perpetrator, where applicable. COPFS will inform the Scottish Ministers if there is a change to the status of an investigation or proceedings e.g. if criminal proceedings are being progressed in relation to a domestic abuse related suicide or if a Fatal Accident Inquiry is being considered. Justice agencies will also advise the Review Oversight Committee Chair of a change of circumstances or a relevant update in the case via email to the Secretariat.

Following notification, PIRC will inform the Review Oversight Committee in the event a domestic homicide and suicide review relates to an ongoing investigation or a complaint handling review being undertaken by PIRC in terms of PIRC’s statutory remit. The Review Oversight Committee will share any relevant information relating to that domestic homicide and suicide review with PIRC.

Through regular communication any changes that may impact on a domestic homicide or suicide review will be shared with the Scottish Ministers, Review Oversight Committee Chair and where a review has been established, the Case Review Panel Chair.

During the consideration of a death by the Review Oversight Committee, it may be determined that further information is needed to help inform whether a review is to be established. Where, during scoping or review activity once established, information is received which may be relevant to or suggest a need for a criminal investigation or further criminal investigation, that information must be brought to the attention of Police Scotland and COPFS. While this is relevant for both domestic homicide and suicide reviews, it is expected the process outlined will be most relevant in relation to a domestic abuse related suicide.

Police Scotland may advise on investigative matters whilst COPFS will advise on prosecutorial implications, including the impact on criminal proceedings, potential proceedings or FAIs. COPFS will advise if review activity may be paused, restricted or discontinued. COPFS will advise the Lord Advocate who may look to exercise their powers if necessary. As members of the Review Oversight Committee, Police Scotland and COPFS will be able to provide initial advice if any information received for the purposes of determining whether a death proceeds to review, suggests possible criminality or constitutes valuable evidence.

Where the Lord Advocate is considering suspending or discontinuing a domestic homicide or suicide review, the Lord Advocate must first consult with the Review Oversight Committee Chair and provide an explanation that is sufficient to enable the Review Oversight Committee to understand the exercising of the power. Further detail in relation to the suspension or discontinuation of a review is set out under section 10 of the protocol.

Similarly, where a domestic homicide or suicide review has been established and information is provided to the panel which suggests possible criminality or may constitute valuable evidence, Police Scotland and COPFS as members of each Case Review Panel will be able to advise on whether the information received needs to be shared and/ or could change the status of the review. PIRC will also be provided with any information received relating to any ongoing investigation or complaint handling review being carried out by PIRC in terms of PIRC’s statutory remit. The consideration by Police Scotland and COPFS and the sharing of this information with PIRC is particularly important in relation to domestic abuse related suicide reviews where there may not be a concurrent criminal investigation or proceedings. Where a review has been established and information emerges which suggests possible criminality or may constitute evidence, the status of the review will be kept under active consideration. All parties should be mindful that information generated or shared for review purposes may be capable of becoming disclosable in criminal proceedings and must be handled accordingly.