1. Introduction
The National Strategy to Address Domestic Abuse in Scotland has defined domestic abuse as:
"Domestic abuse (as gender-based abuse), can be perpetrated by partners or ex-partners and can include physical abuse (assault and physical attack involving a range of behaviour), sexual abuse (acts which degrade and humiliate women and are perpetrated against their will, including rape) and mental and emotional abuse (such as threats, verbal abuse, racial abuse, withholding money and other types of controlling behaviour such as isolation from family or friends)" 1.
The UK Government: has defined domestic violence as:
"Any incident of threatening behaviour, violence or abuse (psychological, physical, sexual, financial or emotional) between adults who are or have been intimate partners or family members, regardless of gender or sexuality" 2.
The incidence of domestic abuse in Scotland has risen steadily since the recording of data began in 1999/2000. In that year the eight police forces in Scotland recorded a total of 33,197 incidents of domestic abuse. By 2005-06 this had increased to 45,796 incidents, of which 23,983 were recorded as a crime or offence. These resulted in 15,134 reports to the Procurator Fiscal, an increase of 67% since 1999-2000. The vast majority of incidents of domestic abuse (88%) are perpetrated against female victims and likewise, the vast majority of perpetrators (87%) are male. Repeat victimisation is common amongst victims of domestic abuse. In 2005-06 just over half (51%) of reported incidents involved known repeat victims 3. No accurate figure exists for the prevalence of domestic abuse in all its forms (physical, psychological, financial etc.) but it is generally regarded as being widely under-reported to authorities such as the police, social services and health services.
Domestic abuse can occur in any type of intimate relationship, in any ethnic group and across the socio-economic spectrum but the evidence suggests that it is more prevalent in areas associated with lower levels of socio-economic status 4. Data suggest, however, that almost half of all victims (49%) do not regard the abuse they experience as a crime and sometimes perceive it as 'just something that happens' 5.
The impact of domestic abuse on victims and family members varies from person to person but there is increasing evidence to suggest that it can have serious and long-lasting consequences for the health and well-being of victims and their families. Evidence from the British Medical Association indicates that in addition to physical injuries that are frequently suffered, victims of domestic abuse are significantly more likely to suffer from emotional and psychological problems. Likewise, children who witness domestic abuse have an increased risk of experiencing mental health problems, are more likely to develop alcohol problems and are more likely to enter into abusive relationships themselves 6.
The impact of domestic abuse on the operation of the criminal justice system is significant. The joint protocol between the Association of Chief Police Officers in Scotland ( ACPOS) and Crown Office and Procurator Fiscal Service ( COPFS) 7, commits the police to treating all incidents of domestic abuse as high priority. The Protocol sets out a presumption that all cases in which there is sufficient corroborative evidence of a crime will be reported to the Procurator Fiscal and there is also a presumption that, save in exceptional circumstances, alleged offenders will be detained in custody pending appearance at court. Where there is sufficient evidence in cases involving violence against the victim there is a presumption in favour of prosecution and, where a decision is taken to prosecute, these cases will proceed in the Sheriff or High Court 8. Each of these presumptions result in a significant investment of police time in investigation, evidence gathering and the production of prosecution reports, procurator fiscal depute time in considering cases for first marking and subsequently prosecuting the offences, and court time in diets. They also result in a substantial number of remands to custody per annum. The cost of domestic abuse, in terms of the criminal justice response to it, its impact on the NHS and its wider effects on victims and their families can be assumed to be significant. In England and Wales domestic abuse is estimated to cost in the region of £5.8 billion per annum, excluding the cost of pain and suffering experienced by victims 9. An estimate of the cost of domestic abuse in Scotland was calculated by ASSIST as being £0.57 billion per annum excluding human and emotional costs 10.
1.1 Evaluation of the Pilot Domestic Abuse Court in Glasgow
The evaluation of the Pilot Domestic Abuse Court in Glasgow (the Glasgow pilot court) recorded that there was overwhelming support for a specialist court approach to domestic abuse. Almost all of the stakeholders stated that there was a need for such a specialist approach and one stated there was a very clear advantage rather than a need. The overwhelming majority of victims, perpetrators and witnesses also supported the specialist court approach to domestic abuse.
Several stakeholders identified that if the specialist court approach were to be rolled out this might require different models in different areas although all should incorporate the main elements of good practice (these are outlined in Chapter 3). They suggested that Sheriffs Principal and criminal justice stakeholders should consider different means of delivering the specialist approach in each sheriffdom. It was noted that there would need to be consideration of a wide range of issues, the views of local sheriffs would be important and that any development would require the consent of the Sheriff Principal.
1.2 Domestic Abuse Toolkit
This toolkit has been developed to aid Sheriffs Principal and local criminal justice partners in beginning the task of considering a specialist approach to domestic abuse.
The purpose of the toolkit is to support local criminal justice partners in each sheriffdom to identify the most efficient and effective approaches to handling domestic abuse cases in their local area.