Scottish Government

CHAPTER 3: OPERATION AND OUTCOMES

3.1 Before identifying the specific work undertaken through the specialist court pilot, it is useful to set this in its overall context by summarising briefly the situation relating to domestic abuse in G Division. A picture of the cases going through the pilot domestic abuse court is then presented, as well as the actions taken and perceptions of the process.

3.2 The material in this chapter is drawn from interviews with victims (102 G Division and 15 other areas), witnesses (26) and offenders (33), and from the examination of PF records (1182 cases), SCS (1409 cases), ASSIST (1700 referrals) and Strathclyde Police data (5490 incidents).

DOMESTIC ABUSE IN G DIVISION AND THE USE OF THE DOMESTIC ABUSE COURT

3.3 Over the two years of the evaluation, Strathclyde Police responded to 5490 alleged domestic abuse incidents in G Division, excluding East Renfrewshire. Of these, around 46% were considered to have involved a crime being committed, and 44% of the total recorded incidents were recommended by first responding officers for reporting to the PF. A full summary of this data is presented at Annex E.

3.4 During the period of the evaluation, 1403 new cases called in the domestic abuse court, with some variation by month, as the chart below indicates.

Chart 1 New cases calling

New cases calling

Source: SCSCOP²⁴

3.5 An average of around 40 new cases called each month in the first 6 months (October 2004-March 2005), rising to 61 in the second 6 months, and 71 in the period from October 2005-March 2006. In the 6 months from March to September 2006, the average was 61 cases. There was a sharp increase in the number of cases calling from June 2005 until the end of 2005, at which time the number of cases stabilised, with the peak for any single month being 104 in November 2005. None of the relevant stakeholders were aware of a particular reason for this.

THE CHARACTERISTICS OF CASES

3.6 The data provided considerable information about the characteristics of domestic abuse cases during the evaluation period.

Accused persons and victims

3.7 From data provided by SCS, it was found that the overwhelming majority of accused persons (93%) were male (Table 1, Annex D). A similar pattern was found in the paper files examined, where 1091 cases (92%) had male accused and only 91 cases had female accused (8%). It was found that 6% of accused persons in the comparison courts were female, suggesting a slightly higher proportion of women accused in the domestic abuse court. The figures may reflect the extent to which offences where a woman was the accused person were recorded as domestic abuse in other courts. It was also suggested that the enforcement of a pro-arrest, "zero tolerance" policy for all incidents involving partners and ex-partners may have unintended consequences for the prosecution of some women with a long history of experiencing domestic abuse ²⁵.

3.8 Almost all (96%) of SPRs contained information about the victim or victims ²⁶. The remainder consisted of breaches of orders or bail offences which involved no contact with the victim. The majority of victims were female (85%) ²⁷. The SPRs also indicated that, in a large majority of the cases reported, the victim was female (90%). A total of 35 cases involved same sex relationships (around 3%) (Table 2, Annex D) ²⁸.

3.9 It was found that around half of all alleged offenders and victims were not co-habiting at the time of the incident ²⁹. Around a quarter were co-habitees and a quarter spouses. (Table 3, Annex D.)

Involvement of other victims

3.10 In 205 cases (17%), more than one individual victim was named in the charges libelled at the start. This does not, however, represent the true picture of victimisation, particularly of children, as many complainers made it clear that they did not want their children to be named in a charge, or to appear in court as a witness. In only three cases from the files did the accused person commit an offence with more than one partner over the period of the pilot. There were many more occurrences of offences against children and parents of a partner or ex-partner, although it would be reasonable to assume that the possibility of the same perpetrator committing offences with different victims would increase over time.

3.11 Around a quarter (24%) of SPRs identified that children were present during an incident, and witnessed it in some way, including where children were identified as victims. However, this is likely to be an underestimate, as SPRs identified that those involved in an incident had children under 18 from a current or previous relationship in more than half of the cases. Amongst the victims interviewed ³⁰, almost three quarters had children living with them at the time of the incident, and just under half of these stated that their children had been involved in the case in some way, representing just over a third of victims interviewed overall.

3.12 Although it is very difficult to identify an exact figure for the number of incidents which involved children, a wide range of examples of ways in which children were involved were identified, including: hearing, or being the target of, shouting or abusive language; witnessing assaults or being assaulted; becoming involved in the aftermath of an assault (for example, to provide first aid, to attempt to remove the attacker or to call the police); and having toys or property destroyed. It was not always clear from the SPR who called the police ³¹, but it is clear that, in a significant minority of cases, children did so.

Previous histories

3.13 The 1182 cases examined via PF case records covered a total of 903 individual alleged offenders, of whom 74% had previous convictions at the point of their first appearance in the domestic abuse court ³² (Table 4, Annex D). In a total of 333 cases, the alleged offender was on bail at the time of the offence (28%).

3.14 It is difficult to obtain an exact pattern of previous offending in relation to domestic abuse ³³, but Table 5, Annex D, extracted from the schedules of previous convictions tendered (or available to be tendered) on an alleged offender's first appearance gives an indication of this. The highest numbers of previous offences were for breach of the peace, crimes of dishonesty and assault. It is difficult to be specific in relation to domestic abuse, as, for convictions prior to 2004, there is no effective way of identifying these. Although around 100 examples were identified of alleged offenders having previous convictions which appeared to relate to domestic abuse, this greatly understates the actual level of previous domestic abuse. It is likely that many past breach of the peace or assault charges will relate to domestic abuse, while material presented in SPRs also suggested that there were numerous cases in which either abuse had been unreported, or there was no corroboration of reported events. Amongst the victims interviewed, a very high proportion (84%) had experienced domestic abuse before, most by the same perpetrator.

The nature of the incidents

3.15 The SPRs provided a wealth of information about the nature of domestic abuse amongst the cases covered by the court.

Location of incidents

3.16 Data relating to the locations of offences suggested that 85% were committed in a home environment. As many as 45% of offences were committed in a home belonging to a victim which was not, at that point, being shared with the alleged offender. A total of 76% were committed in the victim's home or a joint home (Table 6, Annex D).

Types of abuse

3.17 Many victims experienced more than one form of abuse, including: threats, verbal and emotional abuse; physical abuse; and damage to property. Threats, verbal abuse and emotional abuse were identified as being experienced in the largest number of cases, being identified in a total of 823 case files (70%) and by just over three quarters of the victims interviewed. Examples included verbal abuse and public shouting, threats to kill or injure with weapons, and other threats. From the detailed accounts in the SPRs, evidence was identified of threats being uttered against: victims; children; pets; friends or family; and new partners. Threats of violence were common and there were around 50 cases where a threat to kill was recorded. Where the SPR contained a summary of an interview with an alleged offender, they commonly sought to minimise their threats by suggesting that they were "joking", or "angry", and had had no intention of carrying them out.

3.18 A large majority of SPRs identified the use of swearing and loud, or otherwise threatening modes of speech. In a small number of cases, this was identified as being racist, sexist or homophobic, although only a tiny number of cases actually specified this in the charge, or used these as aggravators. Alleged offenders often arrived at the homes of victims, demanded entry and, when refused, became abusive.

3.19 In a number of cases involving threats, the alleged offender used a mobile phone, particularly text messaging, as a way of threatening victims. In other cases, messages were left on victims' answering machines, and in a small number of cases, e-mail was used ³⁴. Often calls were placed late at night, or involved repeated calls, with some cases involving 20 or more calls over a variety of periods. In a handful of cases, alleged offenders issued a threat in a greetings card. In a small number of cases, alleged offenders tried to encourage victims to either harm themselves, or to commit suicide. Also in a small number of cases, alleged offenders threatened to kill or harm themselves, or to start / re-start using drugs or alcohol. In many cases, threats were a prelude to physical violence, or damage to property.

3.20 A total of 541 cases (46%) involved physical violence, and a similar proportion of interviewees described physical violence. The range of violence used in cases brought before the court and amongst the interviewees was considerable, and in many cases, the attacks were sustained over an extended period. Examples included stabbing, slapping, kicking, punching, being hit with objects, and having a victim's head hit against a wall or surface.

3.21 A significant number of victims were injured. In 361 cases (31%), SPRs mentioned that the victim had sustained physical injuries, and this is likely to be an underestimate. It is also likely that, although some SPRs stated that there were "no visible" injuries, these may have taken time to become visible. Injuries included bruising, tissue damage (mostly swellings) and lacerations (by some distance the most common), fractures and bloody noses. There were 10 examples of bite wounds and around 5 examples of stab wounds, as well as many examples of other experiences and injuries. Additionally, it was impossible to estimate the number of victims who suffered distress as a result of the incidents. More than 200 charges of assault to injury, or assault to severe injury were libelled ³⁵. It was also noted that a number of police officers were injured, and 117 charges were libelled relating to resisting arrest.

3.22 In 345 cases (29%), SPRs mentioned damage to property ³⁶ and some of the victims interviewed described property violence, such as having their room or garden wrecked, damage to doors, cars and other items. The examples most often mentioned in SPRs, which only provided significant detail where alleged offenders were specifically charged in relation to the damage, were damage to cars, mobile phones, clothing and double glazing units. There were a number of examples where an alleged offender had forced a door, and, in a small number of cases, alleged offenders specifically targeted items of a personal or sentimental nature, such as ornaments, or photographs of deceased relatives.

Factors highlighted

3.23 Some SPRs described particular factors in the lives of those involved, such as: leaving or recently having left a partner; seeking or obtaining a divorce; bereavement; holidays; or unemployment. SPRs also described the immediate circumstances at the time of the incident, often identifying that the abusive behaviour began with a focus on a particular issue. While it would be impossible to give a comprehensive breakdown of these, the most common were: children; drugs or alcohol; infidelity; money; one partner wishing to either break off, or re-start a relationship; and property (often after a break-up). A number of SPRs described mental health problems for one or other partner. In 504 cases (43%), police identified that the alleged offender had consumed enough alcohol to merit mention. In 43 cases, police identified issues relating to drugs in the offence itself. In some other cases, alleged offenders, and victims, were identified as drug users.

3.24 There were found to be some variations in the information included in SPRs in the issues covered and in their presentation. It would be fair to suggest, however, that a small number of SPRs appeared to offer a judgement on some of the above issues, which may indicate a training need. The basis of the domestic abuse policy framework in Scotland suggests that the circumstances described above neither "cause" or "mitigate" the abuse, responsibility for which rests with the perpetrator.

THE POLICE RESPONSE

3.25 As noted previously, the police provided the first response to a reported incident, and nearly three quarters of victims interviewed stated that they called the police themselves. In almost a fifth of cases, the police were called by a child or another family member, and a very small number of victims identified that the police had been called by others, including neighbours, friends, co-workers or the alleged offenders themselves.

The actions of the police

3.26 The actions taken by the police reflected the role identified in Chapter 2, and the most common actions described by victims, witnesses and offenders were: attending the incident; taking statements from all of those involved (including from children in 13% of cases); arresting, removing and detaining the alleged offender in custody. A small number of victims, however, also noted that they had been asked whether or not they wanted to make a complaint, which suggests some variation in police officers' approach. Several stakeholders stated that the presumption should always be to proceed, and there is a clear emphasis in ACPOS³⁷ policy on taking action and not making this the responsibility of the victim. Other police actions identified in some cases included: offering medical attention; providing additional information to the victim; gathering other evidence; or taking the victim to another location.

3.27 Most of the victims, witnesses and offenders generally recalled receiving some information from the police at this stage, although it appears that it was often fairly basic. Over three quarters of the victims and other witnesses, and around two thirds of offenders remembered the police telling them something about what would happen next, although there was a significant minority who stated that they did not. Where information was provided, it generally involved being told that the alleged offender would be arrested, detained in custody, charged and taken to court. A small number of victims remembered receiving further details about, for example: the presumption of arrest; the involvement of the PF; the speed of the process; the use of special conditions of bail; and other forms of advice or information ³⁸.

3.28 There appeared to be little information provided about the domestic abuse court. More than four fifths of victims suggested that they were not told about the domestic abuse court, along with most of the offenders and nearly two thirds of witnesses. Just over two thirds of victims, however, remembered having been told about ASSIST by the police, and a very small number remembered having been told about other forms of support ( e.g.VSS, Women's Aid, social work, housing, Children 1 ^st, VIA or the Family Protection Unit). This was consistent with the pattern in the PF files, where a total of 853 (72%) identified that ASSIST was offered, either by the first responder, or subsequently by Family Protection Unit officers. Of these, 573 SPRs (67%) identified that victims accepted a referral ³⁹. Only a small proportion of SPRs (7%) noted that victims were offered access to other services at the time of the incident (generally VSS, although Women's Aid was also mentioned in a small number of cases). There was little evidence of information being provided to other witnesses or to offenders about support.

Views of the police response

3.29 There was a high level of satisfaction with the police response amongst victims, other witnesses and stakeholders. More than three quarters of victims and a similar proportion of other witnesses were satisfied with the actions the police took. Amongst victims involved with the traditional court process, less than two thirds were satisfied with the police response ⁴⁰. The main area of difference in police action in the pilot area appeared to have been in their proactive approach to securing access to support for victims via ASSIST. However, when the reasons for victims' views were explored in more detail, these helped to identify the key factors in a positive police response.

3.30 Where there were positive views of the police response, the provision of information, support and follow up were amongst the common reasons for such views, alongside other developments to the police approach to domestic abuse across Scotland, including: the police taking action by arresting, charging and removing the alleged offender (with some contrasting this with a lack of action in the past); the speed of the response; and the attitude or manner of the police ( e.g. in terms of taking the issue seriously, reassuring, caring and believing the victim). The attitude of the police was the most common reason for a positive view by other witnesses.

3.31 There was some evidence to suggest that not only was there a high level of satisfaction with the police response, but that this had improved. A very high proportion of victims involved with the pilot (84%) had experienced domestic abuse before and, of these, nearly three quarters had had contact with the police on a previous occasion. Just under two thirds of this group suggested that the police had acted differently this time, and the majority of these considered that the actions taken were better because of the changes. Again, the three main changes identified were: the provision of better support; the arrest, charge and removal of the alleged offender; and a willingness to take the issue more seriously. Although these changes may reflect broader improvements to police practice, it was suggested that they may also be associated with an increased focus upon domestic abuse and good practice within the pilot area.

3.32 A small number of victims identified criticisms of the police actions, and these were often the converse of the reasons for the positive views, and included: a lack of information; a lack of action; action where the victim did not want this (in a small number of cases); slowness of response; and problems with the attitude or manner of the police. Two victims identified significant variation in attitude between different police officers who dealt with their cases. The existence of variations in police attitudes was also recognised by a number of stakeholders.

3.33 Two thirds of offenders made negative comments about the police response, including that it was "unfair". A small number suggested that the response was one-sided and favoured the victim; that it was inappropriate or unnecessary in terms, for example, of their arrest and remand; and that they did not receive an explanation or an opportunity to speak. Some identified more specific individual complaints.

3.34 A small number of other issues were raised by stakeholders. It was suggested, for example, that there may have been some complacency by some police officers in the later stages of the pilot. A further issue raised was that there had been one period during which the level of referrals to ASSIST from the police had dropped, but this had been addressed. One respondent also suggested that there was still some lack of clarity, in some cases, about support arrangements.

3.35 The importance of the police response was highlighted by the finding that the majority of victims said that the police response had affected them in some way, and the most common comments were that they felt safer, more reassured and supported, as well as recognising that they were not to blame and that domestic abuse was a crime. A very small number of victims reported negative effects of police action which they perceived to have been problematic.

3.36 A number of suggestions were made by a range of respondents about how to develop the police response further, including: the need to continue to remind police officers of the appropriate and consistent response to domestic abuse and to develop their understanding; the need to ensure that victims and witnesses' needs were always identified; the need to provide appropriate information to victims and witnesses on all occasions, including the availability of specialised support services and organisations; the need to ensure that all victims were told about ASSIST; the need for consistency and continuity; and the need to ensure a quick response to all domestic abuse cases.

Information and evidence to the PF and the court

3.37 The pilot also provided the opportunity for the police to develop improvements to evidence-gathering, and for developments to the information provided to the PF and court, and it was suggested by some of the stakeholders that this had been the case.

3.38 In terms of the information to the PF, although there were some variations in the information presented, there was generally a considerable amount of detail given, and the police prioritised the reports relating to these cases. The PF, from an early stage in the evaluation, recognised the improvements to the information from the police which resulted from their close liaison. One of the stakeholders linked this to the level and speed of guilty pleas, and one also noted that agents received a list of the witnesses and statements for a case quickly.

3.39 The provision of information from ASSIST to the PF and to the court, such as up to date information on the victim's situation, any specific issues, and whether they still wished support from ASSIST, was identified as unique to this court. There was considerable evidence from observation to suggest that the Sheriffs were generally keen to receive this, and the stakeholder interviews suggested that it was considered valuable. The only circumstances in which it was found to have been more difficult for ASSIST to provide this was where they had been unaware that a case would be called.

3.40 A further development to evidence and information was a sub-divisional pilot involving the use of photographic evidence in G Division from mid 2006, to capture evidence at the point of attendance. It was suggested that there had been positive initial feedback on this, and a number of stakeholders noted its value. There was some evidence of photographic evidence being used, although it was also suggested by some stakeholders that enhanced evidence-gathering across the pilot area as a whole had perhaps not taken place to the full extent envisaged. A small number of victims also observed that the police had not collected additional evidence when they attended, and it was clear from the files that some victims had been invited to have their injuries photographed, but had declined to do so. It was suggested by two stakeholders that, in their view, photographs or medical reports had not been available in as many cases as might have been expected. In order to address these issues, the need for the consistent use of other evidence to support prosecutions was stressed.

Charges

3.41 Of the 1403 new cases which called in the domestic abuse court in the 2 years of the evaluation, a total of 53 different charges were libelled. Breach of the peace and assault (in its various forms) were the most common (see Table 7, Annex D). Almost three quarters of cases involved breach of the peace charges, and almost half involved assault charges in some form.

3.42 Alleged offenders faced only one charge in half of all cases (see Table 8, Annex D). A further third faced two charges and 11% faced three. A total of 5% faced 4 or 5 charges, with the remainder facing a larger number. In one case, an alleged offender faced 18 charges, but this was as a result of a number of offences committed at different times being combined under a single PF reference.

3.43 In the vast majority of cases (all bar two of the cases read), alleged offenders appeared from custody, either as a result of being arrested following the incident or following the execution of a warrant. In one case, it was not clear why the alleged offender was released on an undertaking. In the other case, the alleged offender was released by police having sought medical advice. In both cases, these alleged offenders appeared in court as required.

Information and support pre-court

3.44 During the period following the arrest and charge of the alleged offender, victims, witnesses and offenders faced a range of issues. The most common concern for victims and other witnesses was fear. This included fear of the alleged offender or their family members, and fear of going to court, in terms of facing them, giving evidence and the potential outcome of the court ⁴¹.

3.45 Other issues raised by smaller numbers of victims included health concerns; issues relating to their children such as the impact on the children, safety and contact issues; housing concerns; employment issues, and, in a few cases, concerns for the alleged offender's welfare. The ASSIST Children and Young Persons' Advocacy Worker identified that children also faced a range of issues at this stage, including coping with their experiences and concerns about what would happen in the future. The most common types of support which victims required at this stage were: information; reassurance; and someone to talk with who would listen to, and believe them. A small number identified a need for specific support, such as mental health, housing, support with children, legal or financial issues and protection.

3.46 Offenders' main concerns were the general impact of being detained in custody, with most experiencing this. Most suggested that this had had a general negative impact on them, often describing the overall unpleasantness of the experience. Some pointed particularly to feeling shame and embarrassment, others shock or panic. Specific concerns focused upon issues such as: the impact on their employment; their relationship with their partner; contact with their children; their health; their immediate circumstances; and the uncertain outcome of the process, particularly in terms of whether or not they would be imprisoned.

Provision of information and support

3.47 The main source of information and support to victims in the pre-court period was the ASSIST service ⁴², and 80% of the victims interviewed had had contact with ASSIST. Smaller numbers recalled having some contact with other services, including VIA (39%); VSS (34%); Women's Aid (17%) and others (35%). A total of 1383 referrals were made to ASSIST⁴³ during the period, and data provided by Strathclyde Police suggested that 74% of all victims identified accepted a referral. Of these, virtually all were made either by the first responder or by the police Family Protection Unit. A small number of other referrals were made by the PF, VIA and VSS. Referrals ebbed and flowed over the two year period (see Chart 2, Annex D). The highest number of referrals in a single week was 24, in June 2006, and the lowest was 5, in November 2004. Overall, the trend in the number of referrals was upwards, from around 12 per week in the first weeks, to around 14 per week by October 2006.

3.48 It was clear from interviews that this was the first time that many of the victims who had experienced domestic abuse before had received support. Overall, almost two thirds had had previous contact with the police about domestic abuse, but only 16% of them had received support in similar circumstances in the past. However, more than three quarters of those with previous contact with the police received support from ASSIST on this occasion, which is a large rise in such provision. This appears to bear out the perception by some stakeholders that the pilot provided access to support for many victims for the first time.

3.49 The forms of support provided at this stage were explored in the interviews. A large proportion of victims stated that they received information about what was happening with their case in the period following the incident, and by far the largest proportion of those who did stated that this came from ASSIST. A small number had received information from other sources, often additionally. These included: the police; VIA; the PF; VSS (often in the form of a leaflet); Women's Aid; the court; a solicitor; and the Probation Resource Unit. The main types of information received were: feedback about what had happened in court; dates of further hearings; the progress of a case; the criminal justice process generally; information about being a witness; and other support which could be provided. It was interesting to note that only around half of the victims interviewed whose cases had been heard in other areas stated that they had received any information at this stage, generally from the police or VIA, and there were a number of criticisms even where it was provided, such as lateness of receipt, or its limited / basic nature.

3.50 As well as information, victims in the pilot area identified a range of other forms of support which they had received, again generally from ASSIST, whose support included: advice about a range of issues; practical support; links to other agencies; and emotional support. A small number of victims had received "general reassurance" or support from VIA and VSS. The FPU and Women's Aid had also provided support to a very small number, as well as housing and social work services and some other providers. In traditional court areas, however, only a small proportion of respondents had had contact with any support agency.

3.51 The ASSIST weekly bulletins reported that the service made referrals to nearly 100 other organisations, or parts of large organisations, over the two years to October 2006. The most common, as measured by the number of weeks a service was identified in the weekly bulletin, were, as might be expected, Women's Aid and the Witness Service (see Table 9, Annex D). The other organisations mentioned included: rape and sexual abuse survivors' organisations; VSS; addiction and counselling services; health services; housing and homelessness services; various rights-based organisations; and services for both children and their parents.

3.52 Although there was a high level of provision of information and support to victims in the pilot area, this was not found to have been the case for other witnesses, nor for offenders. Few other witnesses interviewed remembered receiving information after the incident and most stated that they had received no support. Where information was provided, it related generally to what was happening, or to court dates. For some other witnesses, the only information which they remembered receiving was their citation.

3.53 There was also found to have been little information or support provided to alleged offenders after the incident, until they had contact with a defence agent, which was sometimes not until the time of their first court appearance. Additionally, although more than three quarters remembered having had advice at the stage of their court appearance, a third did not feel that it had been useful. Two offenders had had contact with a social worker, one of whom stated that they were told that, in the domestic abuse court, they would be assumed to be guilty unless they could prove otherwise.

Views of information and support pre-court

3.54 There was a high level of satisfaction amongst victims with the provision of information and support in the period following the incident. Almost all of the victims who had received information (97%) were satisfied with this. Conversely, the majority of those who did not receive information were dissatisfied, underlining the importance of provision.

3.55 Of the victims who had used the ASSIST service, all but one were satisfied with the action taken and the stakeholders were also satisfied with the way in which support had been provided to victims in the pilot. A number stated that the court would have been less effective without this provision. Amongst the relatively small number of victims who had used aspects of provision by other services, often alongside ASSIST, between the incident and court, the majority were satisfied with the actions taken.

3.56 A small number of stakeholders and victims expressed concerns about the support provision pre-court, and these included the point made in Chapter 2 about the perceived variations in the level of support to different victims. Additionally, one respondent suggested that there was a gap across a number of services in meeting the needs of those whose first language was not English, although another stated that more effective work was being done towards the end of the pilot to recognise the needs of ethnic minority communities. Some issues were raised which related to specific individual problems with individual services, in terms of the perceived lack of action, or inappropriate action by the providers. One victim suggested that they felt that ASSIST was geared to those who wanted to leave their partners.

3.57 Some gaps in support to children and young people were highlighted, including: difficulties in identifying some children and young people requiring support; the refusal of support by some victims, or the stage at which support was accepted; difficulties in provision of support to children in some circumstances; and lack of action, or inappropriate action by relevant services.

3.58 Many of the other witnesses, most of whom did not receive information, stated that they had been dissatisfied with this, and one felt that they had been "totally neglected". Many suggested that they would have preferred to have been kept up to date with progress, and almost two thirds stated that there was additional information or support which they would have liked to receive that was not offered to them. This related, most commonly, to information about progress with their case, and their own role as a witness. Almost a third of offenders also stated that they would have liked to have received additional information during the period that they were in custody, prior to their initial appearance in court, particularly about the court and procedures.

THE COURT PROCESS

3.59 The actual court process was examined, from initial pleas to disposals and, overall, slightly more than 81% of cases calling in the domestic abuse court resulted in a plea of guilty to one or more charges. This was higher than for cases involving domestic abuse calling in the comparison courts (73%). The patterns for the stages at which guilty pleas were made are presented in Tables 10 and 11, Annex D.

Initial pleas

3.60 At the first appearance from custody, or following execution of a warrant, alleged offenders pleaded not guilty to one or more charges in around 79% of cases in the domestic abuse court, although the levels of such pleas varied considerably from month to month. The peak month was February 2006, when alleged offenders pleaded not guilty in 89% of cases. Conversely, in July 2005, alleged offenders pleaded not guilty in only 52% of cases. The overall figure of 21% of guilty pleas at this stage was slightly higher than for the comparison courts (18%).

3.61 The reasons given at interview by alleged offenders for pleading guilty at this stage included: the recognition that they had been guilty; the receipt of legal advice; to prevent a partner or child having to give evidence; to try to get help; to "get it out of the way"; to avoid being remanded; or because a solicitor had negotiated a change to the charges. Reasons for pleading not guilty included: perceived inaccuracy in the charge, or a belief that they were not guilty (the most common reason); advice from a solicitor (including to avoid being remanded); and trying to "tough it out". One of the victims noted that their partner had been advised by a defence agent to plead not guilty against his wishes. They felt this had undermined the process and their likelihood of addressing the issues. The most common feeling amongst victims when a guilty plea was made at this stage was relief and sometimes surprise, although some simply noted that it was the truth, and one did not want the perpetrator to plead guilty.

3.62 Most of the victims in the pilot area stated that they heard about what happened in court from ASSIST. A small number identified other sources of information, including: the police; solicitor; the PF / court (via letter); VSS; VIA; and the Probation Resource Unit. Two respondents noted that they went to the court themselves for the custody hearing, and another that they themselves phoned to identify the outcome. A small number of respondents stated that no-one had told them what had happened, and a number remained unsure about the outcome.

The use of bail

3.63 Where an offender pleaded guilty at their first hearing in the domestic abuse court and their sentence was deferred, almost a quarter were remanded in custody (22%) and a further 6% returned to custody. Bail was allowed in 66% of cases, and offenders were ordained to appear at a sentencing diet in 5% of cases. In about three quarters of cases where an offender pleaded guilty and bail was allowed, special bail conditions were imposed. In the comparison courts, the pattern was different. Fewer (17%) were remanded in custody while awaiting sentence (and a further 2% returned to custody). Bail was allowed in 63% of cases, but there was a much higher proportion of offenders (19%) ordained to appear at a sentencing diet.

3.64 Where the alleged offender pleaded not guilty at their first hearing in the domestic abuse court, bail was allowed or continued in most cases (81%). Bail was refused in 13% of cases, and alleged offenders were returned to custody in a further 5%. Alleged offenders were ordained to appear at subsequent hearings in less than 1% of cases. Again, this differed from the comparison courts, where 5% of cases resulted in the alleged offender being ordained to appear. The pattern was otherwise similar, with bail being allowed or continued in 83% of cases (slightly higher), refused in 11% of cases (slightly lower), and a further 1% resulting in an alleged offender being returned to custody (lower).

3.65 In the large majority of cases in the domestic abuse court and the comparison courts where there was a not guilty plea and bail was allowed, special conditions were attached preventing the alleged offender from contacting the victim and, in some cases, children. Similarly, in virtually all cases, the bail conditions specified a location which the alleged offender could not approach. This was usually a street or group of streets, although sometimes a specific house. There was evidence in the PF files of enquiries being made to ascertain whether or not an address was too close to the victim's or, where the alleged offender was co-habiting with the victim, to identify accommodation.

3.66 It was not clear in how many cases appeals against remand were lodged as these were not always in the case files. Where submissions were present, the PF argued the case for remand, and, in all cases, recommended that, should the appeal be allowed, special conditions should be applied. In all cases studied, where an appeal was allowed, this was subject to the same types of special conditions as would have applied had bail been granted originally.

3.67 Where alleged offenders were released on bail, the majority of victims interviewed were satisfied with the decision. Where special conditions were imposed, the majority were satisfied with these, with the main reason relating to a perception of safety. Around a third of victims, however, were dissatisfied with bail or special conditions, and these reasons also centred primarily on safety. A number of victims gave examples of how conditions had been breached, and a small number believed that the response to this had not been sufficiently strong. A small number of victims wanted to see the alleged offender, and a number of offenders stated that the conditions had caused difficulties for them, for example in getting belongings or seeing their children. One stakeholder raised a very specific issue relating to bail appeals, where ASSIST was not always made aware of these and could not provide information to the court or victim, although it was also noted that VIA intimated the outcome of hearings to victims. It was suggested that a formalised procedure for these circumstances should be developed. Another stakeholder suggested that there may a need for further guidance and training for police officers on their responses to breaches of bail.

Changed pleas

3.68 A number of cases involved changes to pleas, with a further third of cases in the domestic abuse court (33%) involving changed pleas after the custody hearing or warrant, but before or at the intermediate diet, compared to 27% in the comparison courts. There was, therefore, a demonstrable difference in the rate of guilty pleas by the intermediate diets, with 54% being settled by this stage in the domestic abuse court, compared to 45% in the comparison courts. A further 26% of cases involved changed pleas at the trial diet compared to 28% in the comparison courts. (Table 11, Annex D.)

3.69 Reasons given by offenders for changing their pleas were often similar to those identified for initial guilty pleas, and victims and witnesses reported a range of views of changed pleas. These included relief, but also confusion due to a lack of information and, in some cases, anger ( e.g. because charges had been changed, time had been wasted, or they did not have an opportunity to give their views in court).

Trials

3.70 A total of 260 cases (19%) reached the trial stage with a not guilty plea. Of these, a total of 140 were not called or deserted and not subsequently re-listed. In addition, SCS data suggests that a not guilty plea was accepted to all outstanding charges in 11 cases. It was clear from case files that this generally occurred where the PF accepted that there was little prospect of one or more witnesses appearing. There was a marked difference between the domestic abuse court and comparison courts in the number of cases which were not called or deserted. In the domestic abuse court, around one in ten cases (10%) were not completed, compared to around one in six in the comparison courts (18%). (Table 12, Annex D.)

3.71 A total of 109 cases were identified which went to trial in the domestic abuse court (8%). It was difficult to obtain reliable evidence from PF files on who gave evidence, but it seems that the victim did so in the majority of cases, with many fewer trials recorded as involving defence witnesses. Although police witnesses were cited in virtually all cases proceeding to trial, there were only a very small number in which PF records suggested that police gave evidence.

3.72 Half of the victims interviewed stated that they had attended court on the day of a trial, although only 20 had to gave evidence. Similarly, the majority of other witnesses had to attend court, although only a very small number were required to give evidence. Almost three quarters of the victims who attended stated that they had concerns about this. Most of these related to fear either of contact with the alleged offender and / or their family, or of the court process and evidence-giving. The highest number of victims, and a number of other witnesses reported being fearful, nervous or uncomfortable, and a number were very concerned about their safety in, or after the court. Some witnesses also noted that they had been confused or unaware of what was happening on the day. Almost all of the victims and almost two thirds of other witnesses who attended court felt that they needed support on the day, and this was generally someone to be with them.

3.73 The majority were found to have received support, either from ASSIST, which supported the largest number of victims, or the Witness Service, which was the main source of support to other witnesses. There was little overlap or duplication, with victims and witnesses generally citing one or other organisation. Some victims also received support from other sources, such as friends or family, and the main forms of support were found to have been talking / listening, and information-giving, although the support was sometimes relatively limited. It was interesting to note that the pattern of support was different amongst the victims whose cases were heard in other courts, where family and friends were the main source, with only a fifth who received support from the Witness Service.

3.74 A small number of stakeholders suggested that they had concerns that victims who did not wish to pursue cases felt pressured by the court to do so and that the use of warrants to compel witnesses to appear was not appropriate in these circumstances, although there was no suggestion that this was unlawful, or that the PFs or Sheriffs involved had acted improperly.

3.75 In terms of children and young people appearing as witnesses, the files indicated that children who were cited as witnesses were generally assessed for screens where it was clear that a trial was likely to proceed. From a total of 10 children who gave evidence in the period between August 2005 and October 2006 ⁴⁴, 2 had no special measures at their own request. Amongst the others, while all had screens in place, a range of other support measures were also put in place. Each had a support person, generally the Children and Young Persons' Advocacy Worker from ASSIST. Five children who used screens sat in the witness box, while three sat at the table in the well of the court. In 2 cases, none of the participants wore gowns or wigs. In one case, while all participants wore their gowns, only the Sheriff wore a wig. CCTV was not available in the court due to the necessary set up times and the impact this would have had on the processing of cases.

3.76 It was noted that, while children appearing as witnesses may wish a family member, or, for example, the new partner of a parent to support them, the preference of the prosecutor may be for a professional support person. It was also noted that defence agents, in some cases, objected to a family member being the support person, requiring a professional support person to be used. In one case, the defence unsuccessfully objected to the role of the Children and Young Persons' Advocacy Worker from ASSIST in supporting a child giving evidence. No evidence was available of the involvement of any expert witnesses in the court.

Victims' and witnesses' experiences

3.77 Victims and witnesses were generally positive about their support at court, with the majority of witnesses stating that this had made a difference to them. The majority identified that they were reassured, and some stated that they felt stronger, and less nervous. A number of victims in the pilot court group (16) could compare their experiences to a previous attendance in a traditional court, and three quarters of this group stated that they had never had support at court before. In the small number of cases where victims had received support at court before, all considered the support to have been better this time, with an increased level of support. Only one of the other witnesses had appeared at court before in relation to a similar incident and they had received no support on that occasion. They, too, considered their experience this time to have been better. Almost all of the victims whose cases were heard in other areas stated that they would have liked additional support at court, and several mentioned the benefit of a "domestic abuse worker".

3.78 More generally, of the victims from the pilot area who had previous experience of other courts, over three quarters stated that they had found their experience on this occasion to be better, even where there remained difficulties in their own situation. A number of reasons were given for these views, including that: they felt more supported; there was a better atmosphere; the PF and Sheriff were more considerate or listened more; it was quicker; and it was more professional.

3.79 Although the experiences of children and young people were not examined in detail, almost all victims (91%) who identified that their children were involved in a case, stated that they were happy with the way they were treated. The main reason for this related to an appropriate or helpful approach by services in dealing with them. This contrasts with less than a third of victims in the traditional court process whose children were involved being happy with their treatment.

Actions of Sheriffs, PFs and defence agents

3.80 Around two thirds of victims who could comment were happy with the actions of the PF, and a similar proportion was happy with the actions of the Sheriff, as were most of the offenders. The majority of offenders were not happy with the actions of the PF. It was also interesting to note that most of the respondents in comparison areas were satisfied with the actions of the Sheriff and the PF.

3.81 The reasons for positive views of the PF and / or Sheriff by victims tended to focus upon their approach, their attitude and the actions taken. Several offenders stated that they felt that the Sheriff had been "fair", although a small number stated that they did not find the court process to be fair, or believed that the specialist court was biased in favour of the complainer. One additional issue which emerged from victims in the pilot court, however, was that many of them were happy with strong comments made by the Sheriff about the consequences for the future of the perpetrator continuing the abuse. Where there were negative views of the Sheriff, the most common reason related to the actual disposal, whereas, with the PF, there were also some negative views about a perceived lack of communication with the victim, negotiation of the charges, or the way that the case was presented in the court. Clearly, while PFs have an obligation to consider pleas and to accept them where it is in the public interest to do so, this may not accord with the wishes of the victim, who may be dissatisfied as a result.

3.82 Although most of the offenders were happy with their defence agent, there was a very low level of satisfaction with defence agents amongst victims. Just over two thirds were not happy with defence agents and, in a small number of cases, interviewees noted that the Sheriff had intervened. The most common reasons for dissatisfaction were where victims felt that the defence agent had misrepresented the incident, implied the victim was lying, or behaved inappropriately. Victims sometimes suggested that this had had a very negative impact upon how they felt. One stated that the defence agent had suggested that the abuse was her fault for leaving the offender.

3.83 Some examples of defence agents apparently seeking to undermine the court, or demonstrating a lack of awareness of domestic abuse, emerged from the interviews with offenders. For example, one stated that their defence agent said that it was a "kangaroo court". Other comments attributed to them included: that the charges had been exaggerated; that the court tried not to put people in jail, but used courses instead; that everything was against the alleged offender because it was domestic abuse; and, in one case, that they shouldn't have been in court, as what they did was relatively minor. The ASSIST bulletins and stakeholders provided other examples of concerns, such as, in some cases, defence agents' apparent inappropriate views of domestic abuse or attempts to minimise the violence. Concerns were noted that a number of the "myths" about domestic abuse were voiced, such as that it was caused by alcohol, mental illness, stress, the victim etc. These issues were sometimes identified during observation as apparently being presented by a defence agent as mitigating factors for the behaviour of the offender ⁴⁵.

Concerns and improvements

3.84 Despite generally positive views of many aspects of the court experience, the majority of victims and other witnesses who attended court stated that there were ways in which the process could have been improved for them. Over a third of victims stated that there was additional support that they would have liked to have received, as did half of the witnesses, and both groups raised the need for more information ( e.g. on the day). Other suggestions included: ASSIST support in the Witness Room; support in private; the reduction of delays; additional emotional support; increased safety; opportunity for communication with the PF⁴⁶; contact between witness and victim; improvements to the experience of giving evidence such as the use of screens or special measures ⁴⁷; improvements to disposals; support after the court appearance; and support with other problems such as housing and longer term safety. One of the stakeholders believed that there should be crèche provision at court. The general need to continue to develop support to victims and witnesses was also highlighted by a number of stakeholders.

3.85 It was also noted that it remained difficult for victims of domestic abuse to give evidence, for a number of reasons, including: the complex nature of domestic abuse and the issues victims face because of this; the "public" nature of the court and the specific difficulties in facing the alleged offender in the court.

FINDINGS AND DISPOSALS

3.86 The findings of the court and the disposals were also examined. Overall, taking all stages into account, slightly more than 86% of cases in the domestic abuse court resulted in a conviction. This compared favourably to the comparison courts, where the corresponding figure was 77% (see Table 12, Annex D). Only 10% of cases were not called or deserted, compared to 18% in the comparison courts.

Outcomes of trials

3.87 Of the 109 cases which proceeded to trial, a total of 71 (65%) resulted in an offender being found guilty of one or more charges. This was a marked difference from the figure of 42% for the comparison courts. A total of 37 cases were recorded as resulting in the alleged offender being found not guilty or being acquitted where there were no charges on which they were found guilty. In addition, a further one charge was recorded as not proven.

The use of disposals

3.88 Of cases which ended with a plea or finding of guilty, a total of 245 (21%) were deferred to allow for good behaviour reports to be obtained and there were mixed views of the use of this amongst victims. Some cases were deferred for other reports, such as SERs, CHANGE assessments etc. and it was clear from observation and examination of records in relation to the availability of reports that, on some occasions, the provision of reports required a number of deferrals while these were awaited.

3.89 By the end of the period covered by this research, a total of 1088 cases calling in the domestic abuse court had reached a disposal. The pattern of disposals is set out in Table 13, Annex D. The most common disposals were: a probation order (34%); admonished (28%); imprisonment (18%); and fine (18%). Only 4% resulted in Community Service Orders, and other disposals comprised very small proportions of cases.

3.90 There was found to be a marked difference in the pattern of disposals between the domestic abuse court and the comparison courts (Table 14, Annex D). In the comparison courts, the most common disposals were fines (43%), with a much higher proportion receiving these than in the domestic abuse court (18%). A slightly lower proportion than in the domestic abuse court were admonished (25%) and probation orders were used much less frequently (16%, compared to 34% in the domestic abuse court). A very slightly lower proportion were imprisoned (17%, compared to 18% in the domestic abuse court).

Probation

3.91 Probation was the most commonly used disposal in the domestic abuse court. A total of 342 separate orders were imposed, covering 332 cases. More than 50% of all orders were for two years or more (Table 15, Annex D), compared to 34% for two years or more in the comparison courts. In 240 cases calling in the domestic abuse court, additional conditions of probation were imposed with, in some cases, more than one condition per case.

• 82 cases resulted in a condition of attendance at alcohol counselling, with a further 15 specifying the Alcohol, Crime and Education programme ( ACE).
• 73 cases resulted in a condition of attendance at the CHANGE programme.
• 10 resulted in a condition of attendance at drug counselling.
• 5 women were sentenced to probation with a condition that they attend the 218 project.

In a small number of cases, other forms of counselling were specified as a condition. A total of 22 offenders were sentenced to probation with a condition that they undertake unpaid work.

3.92 There was a higher proportion of cases in which offenders were sentenced to probation with a condition to attend the CHANGE programme in the domestic abuse court (7%) than in the comparison courts (4%). The proportion of cases receiving probation with the condition to attend alcohol counselling was also higher in the domestic abuse court (10%) than in the comparison courts (4%).

3.93 Over the period from October 2004 to October 2006, a total of 8 CHANGE groups were run by Glasgow City Council social work service, 6 of which accepted offenders from the pilot domestic abuse court. 44 offenders sentenced by the domestic abuse court attended programmes during the period, although the last of these groups, involving 8 offenders from the domestic abuse court, only began in October 2006. This suggests that 60% of those from the domestic abuse court whose sentences included this had the opportunity to participate by the end of the pilot period.

3.94 Amongst those on the CHANGE programme, from the offenders interviewed in the pilot area, it was found that, for most, this was their first domestic abuse charge, and slightly over a third had been charged before in relation to this. Amongst those in other areas on the CHANGE or a similar programme, more than two thirds had been charged previously relating to domestic abuse. A much higher proportion of those on the CHANGE programme in the pilot area had pleaded guilty at their first hearing than the figure for the court overall.

3.95 The highest level of satisfaction with disposals amongst victims was with the use of probation, where around three quarters were satisfied. Reasons for this included that the perpetrator might get help or have time to consider their behaviour. Slightly under a third of the offenders interviewed in the pilot area on probation with the CHANGE programme felt that their sentence was too harsh.

3.96 Although this evaluation was not an assessment of the CHANGE programme, it was noted that most, although not all of the offenders were generally positive about their experiences of the actual programme. Comments included that it had made them think and open their eyes; provided them with alternative ways of dealing with issues; and enabled them to learn and recognise the impact of their behaviour. Amongst the suggested developments were the increased use of this programme, with the corresponding need for developments in capacity and partner support work. One stakeholder, however, suggested that there were dangers in groups being drawn from a confined locality, and some identified the need for the specific evaluation of the impact of perpetrator programmes.

Imprisonment

3.97 A total of 230 custodial sentences were imposed on 179 offenders and the pattern of sentences imposed in the domestic abuse court is provided in Table 16, Annex D⁴⁸. The data suggests that the sentences imposed in the domestic abuse court were slightly longer than in the comparison courts, with 83% being over 1 month, compared to 64% in the comparison courts. There were mixed views of the use of imprisonment amongst victims, although some of the stakeholders considered this to be an important disposal in emphasising the "seriousness" of domestic abuse.

Fines

3.98 A total of 206 fines were imposed on 176 offenders in the domestic abuse court. The fines ranged from £50 to £2000 (see Table 17, Annex D). It appears that the level of fines imposed by the domestic abuse court was higher than in the comparison courts, with only 57% being £200 or below, compared to 75% in the comparison courts.

3.99 The highest level of dissatisfaction amongst victims was with the use of fines, with more than three quarters being dissatisfied where this was the disposal, with the main reasons being that it was insufficiently strong, or would "solve nothing". One of the stakeholders noted that a fine could also have a significant impact upon victims as well as offenders. Some of the victims expressed specific concerns that special conditions of bail were then dropped.

Other disposals

3.100 As noted, there was little use of other disposals. Several stakeholders noted that they were disappointed by the small number of Non-Harassment Orders granted, and one suggested that the Crown may have a lack of familiarity with these orders. As noted in Chapter 2, there are limitations to the use of NHOs, and amongst the suggested developments were that wider consideration should be given to developing an order arguably better suited to using in relation to domestic abuse, which would be easier to obtain.

3.101 One stakeholder also expressed reservations about the use of electronic monitoring as potentially a further invasion of the victim by the perpetrator.

Post-court experiences

3.102 There was little evidence of continuing support to victims or witnesses post-court. A very small proportion of victims had received continuing support from ASSIST for a period afterwards, albeit sometimes for a short period. A small number mentioned further support from other agencies, including Women's Aid, the police, social work, VIA and a lawyer.

3.103 A number of respondents, including some victims, suggested a gap in support post-court, after the end of the period when the ASSIST service was available. One of the stakeholders noted that this was a period of heightened vulnerability for victims, and many victims who were interviewed identified the continuing impact upon them of their experiences, in terms of emotional and practical issues. Some contrasted this to the lack of continuing impact on the offender. More than a third continued to experience abuse or harassment of some form, which they were generally dealing with alone. A specific issue raised by several stakeholders was that there could be gaps for victims post-court in the receipt of civil legal protection (for example, if special conditions of bail ceased), when it was suggested that victims could be left vulnerable. The particular need for legal advice, housing and personal support at this stage was identified by a number of victims.

3.104 The lack of long term support provision to address the needs of children and young people was also highlighted. Additionally, several witnesses stated that they did not know the outcome of the hearing, the disposal made, nor whether they would be required again, and mentioned that they would have liked to have had further information about this.

3.105 On a more positive note, the majority of victims in the ASSIST evaluation, and this research, noted that they had not experienced further abuse by the time they were involved in the research. Amongst interviewees in this research, most had had no further contact with the offender, a small proportion had had contact relating to children, but had experienced no abuse, and a small proportion had reconciled.

OVERVIEW

3.106 It is clear that the pilot made a number of improvements to the process / practice for dealing with domestic abuse. There was a high level of satisfaction amongst those most closely involved ( i.e. victims and stakeholders) with the operation and outcomes of the domestic abuse court, and a number of ways in which these differed from traditional courts.

Operation and outcomes of the court

3.107 In summary, the findings relating to the operation and outcomes of the court were as follows:

• Over the period, 1403 new cases called in the domestic abuse court, and there was a steady increase in new cases since October 2004.
• ASSIST provided support to 1383 victims over the two years.
• The pilot provided a useful picture of domestic abuse cases in G Division, and about the nature of offences. Accused persons were overwhelmingly male and victims female, and a range of forms of abuse were involved. Children were present and witness to the incident in at least around a quarter of cases.
• The proportion of cases where there was a guilty plea at some point was higher than the corresponding figure for the comparison courts.
• There was a higher proportion of guilty pleas at the first appearance than in the comparison courts and a higher proportion of guilty pleas at or before the intermediate diet.
• The conviction rate in the domestic abuse court was higher than the comparison courts, and there was a lower level of case attrition.
• There was a greater use of remand after a plea in the domestic abuse court than in the comparison courts, and a much lower use of alleged offenders being ordained to appear in the domestic abuse court.
• Cases which proceeded to trial were more likely to result in a finding of guilty in the domestic abuse court than other courts.
• There were differences in the pattern of disposals, with probation found to be the most commonly used disposal in the domestic abuse court compared to fines in the comparison courts. There was a greater use of conditions of probation, particularly the CHANGE programme and alcohol counselling.
• The typical length of probation period was longer in the domestic abuse court than comparison courts, fines tended to be larger, and custodial sentences longer.
• There were examples of positive developments to organisations' responses to domestic abuse, in their practice and in their shared understanding of domestic abuse and its seriousness.

3.108 The findings relating to perceptions of the operation and outcomes were as follows:

• There was a high level of satisfaction with the police response amongst victims, other witnesses and stakeholders, and the suggestion that it had improved. There was also a high level of satisfaction with the actions of the Sheriff and the PF and the ASSIST service.
• There were generally positive perceptions of the support provided to victims and their children and there was evidence that the support provided, coupled with other aspects of the pilot, had an impact upon victims' experiences.
• Victims and witnesses had a range of needs at different stages, and a number of victims received support in the pilot who had not received support in similar circumstances in the past.
• The experience of the specialist court process appeared to be considered better than the experience of traditional courts.
• There were some improvements to evidence and provision of information to the PF and the court.

Operation and outcomes of the court - concerns and issues arising

3.109 In summary, the concerns and issues arising with the operation and outcomes of the pilot were as follows:

• Variations in responses to victims from some police officers and dedicated staff from other organisations, with concerns about instances of inappropriate action and attitudes, and potential inconsistency, which impacted upon victims' experiences.
• Concerns with the actions of some defence agents and their attitudes to domestic abuse, some of which were considered inappropriate, which impacted upon victims' experiences.
• Some limitations to the use of enhanced evidence, such as photographs, which impacted on the work of the court.
• Concerns with aspects of victims' and witnesses protection and safety at various stages, which impacted upon their experiences.
• Issues relating to some victims and witnesses having to attend court although they did not have to give evidence, and concerns about pressure felt by victims who did not wish a case to proceed, although there was no suggestion that the PFs or Sheriffs acted improperly.
• Some negative views of some of the disposals and issues for a small number of victims about a lack of communication, negotiation and changing of charges, or the presentation of the case in the court, although, again, there is no suggestion that this was improper.
• The impact of the policy approach in some instances, such as the prosecution of some women with a long history of experience of domestic abuse, which impacted upon some accused persons.
• A range of gaps in the provision of information and support to some victims and witnesses, and gaps in provision to some alleged offenders, at various stages, which impacted upon their experiences.

3.110 Overall, however, the operation and outcomes were seen to have been very positive and to have addressed many of the problems identified with the traditional court response to domestic abuse. The impact of the pilot is considered further in the following chapter.