Domestic Homicide and Suicide Reviews in Scotland: Statutory Guidance

Section 2 – Legislation

2.1. Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Act 2025

The Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Act 2025 (the 2025 Act) creates the legislative framework for domestic homicide and suicide reviews. The domestic homicide and suicide review model will commence on 1 April 2026.

2.2. Scope and Definitions

The scope of the Domestic Homicide and Suicide Review model has been developed through extensive multi-agency working, consultation, Parliamentary scrutiny and engagement to ensure that it reflects broad consensus on all aspects of the model.

2.3. Deaths in Scope

The deaths currently within scope of the domestic homicide and suicide review model include where:

• there was, or appears to have been, abusive behaviour within a relationship (e.g. abuse of a partner or ex-partner)
• that behaviour has, or may have, resulted in the death of the abused person or contributed to their suicide.

The person who experiences the abusive behaviour needs to be at the time of the behaviour, one of the following:

• the partner or ex-partner of the perpetrator
• the child of the perpetrator
• the child of the partner or ex-partner of the perpetrator
• a young person living in the same household as the perpetrator or in the same household as the perpetrator’s partner or ex-partner.

The type of deaths included are:

• those killed by a partner or ex-partner
• a person (‘the perpetrator’) killing their children or children of their partner or ex-partner (children of any age) or a young person living in the perpetrator’s or their partner or ex-partner’s household, but (in all cases) only where there is a history of abusive behaviour between the perpetrator and a current or former partner
• violent resistance where a victim of domestic abuse kills their abusive partner/ ex-partner
• domestic abuse related suicide but only where the abuse which has or may have contributed to the death was by a partner or ex-partner
• connected deaths of children and young people (see the Explanatory Notes which accompany the Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Act 2025).
• Where there is to be a domestic homicide or domestic abuse related suicide review and the perpetrator of the abusive behaviour behind the death has died by suicide, the review can also look at their death.

Further explanation of the deaths currently included within the model scope can be found in the explanatory notes.

2.4. Person A and Person B

The 2025 Act uses the terms person A and person B. Person A is the person who has, or appears to have, behaved in an abusive manner towards another person (person B) who experienced the abusive behaviour. For the purposes of the statutory guidance person A is referred to as ‘the perpetrator’ and person B is referred to as ‘the victim’. These terms are used to make the guidance clear who is being referred to rather than determining any criminal or other liability.

2.5. Definition of a Child and Young Person

It is acknowledged that some legislation in Scotland defines a child with reference to an upper age limit, usually 18. The 2025 Act does not contain such a definition. For the purposes of domestic homicide and domestic abuse related suicide reviews, age is irrelevant in relation to the term ‘child’. In this context it refers to the parent-child relationship with no limit placed on the age of a child. This means that for domestic homicide and suicide reviews a ‘child’ can be someone who is for example, age 5 or someone aged 30 living completely independently. This reflects the complexity of domestic abuse and the ripple effect where the behaviour of perpetrators can go beyond the victim of domestic abuse and include such acts as killing the child of their partner or ex-partner as a means to exert further power and control. The more traditional definition of a ‘child’ of someone up to age 18, or 26 if previously looked after by a local authority, is therefore too limiting to capture the extent of domestic abuse and the impact on the victims, their children and those who have been accepted (at any age) by the perpetrator or their partner or ex-partner, as their child.

Where the 2025 Act and the statutory guidance refer to a young person this refers to someone up to 18 or 26 if previously looked after. Further detail on definitions can be found in the Glossary of Terms at Annex 2.

2.6. Future Expansion and Adaptability

Recognising that domestic abuse evolves over time and in complexity, the 2025 Act makes provision for future expansion of the model by enabling the Scottish Ministers to include additional relationships or types of deaths and events, based on further research and consultation. The Scottish Ministers have committed to utilise this power to include so called ‘honour killings’ within the model scope in due course.

While future expansion is anticipated, the initial phase of the model prioritises establishing a strong, well-functioning review process to ensure quality and effectiveness. As reviews involve bereaved families, communities, and multiple agencies, ensuring that reviews are conducted with sensitivity, thoroughness, and integrity is essential.