Domestic Homicide and Suicide Reviews in Scotland: Protocol

17. Perpetrator including alleged or suspected, engagement following a criminal justice outcome

Following a notification or referral to the Review Oversight Committee, the Review Oversight Committee are to make a determination on whether a domestic homicide or suicide review is to be undertaken, within two months of that notification or referral where reasonably practicable. The timescales for a review will vary but are anticipated to take approximately 12 months. It is therefore unlikely that the review will be able to engage with the perpetrator due to the risk of prejudicing any potential investigation or proceedings. If a Case Review Panel Chair does want to engage with the accused or the ‘perpetrator’ for the purposes of the domestic homicide or suicide review, this must be discussed with COPFS who will advise accordingly. The Secretariat will facilitate these discussions and record the outcome.

The parties to the protocol recognise that there is useful learning that can be gained from engaging with perpetrators in understanding their experiences of engaging with services or barriers to them seeking support prior to the domestic homicide or suicide. It is also recognised that that this can also be an opportunity for the perpetrator to control the narrative and further abuse victims, children and their families. This therefore requires careful consideration. While access to the accused or perpetrator is unlikely to be granted prior to the outcome of any criminal trial there is potential for thematic learning to be gained through interviewing perpetrators following a conviction where they are willing to engage.

A discussion would be necessary to be had between COPFS and Case Review Panel Chair or Secretariat on their behalf. Discussion with the Scottish Prison Service would also be necessary if the perpetrator was serving a custodial sentence to set out the rationale for seeking access. There is no requirement for the perpetrator to engage and it would be their decision. The family, friends and relevant others connected to the perpetrator may also participate and share their knowledge of contact with services and any challenges the perpetrator had in accessing these. This would be done with care and sensitivity with COPFS advice throughout.