Figures recently published by the Scottish Police Authority’s Quarterly Policing Performance Report indicate that in the last year there have been 17,247 domestic abuse incidents recorded. This is a 1.1% increase compared to the 5-year mean. This combined with the impact of the Covid-19 pandemic has created a backlog of Domestic Abuse cases waiting to be heard in the Courts. The Virtual Trials National Project Board has now issued a report recommending that specialist online courts should be set up to deal with domestic abuse cases.
The report reviews a pilot of virtual courts for domestic abuse cases which took place last year in Inverness and Aberdeen and finds that the introduction of a virtual Court would have several benefits, including: -
- Reducing trauma for victims;
- Making it easier for victims and witnesses to give their evidence;
- Increasing efficiency;
- Ensuring domestic abuse cases are dealt with timeously;
- Creating more capacity in the existing Courtroom for in-person non-domestic abuse cases.
The Board recognised that a fundamental principle of a modern democratic society is that an accused person should receive a fair trial. It was felt that virtual hearings could provide this. No member of the Board expressed any concern about assessing the credibility and reliability of witnesses virtually. Indeed, such assessment has been done for years through the remote arrangements for vulnerable witnesses.
Feedback on the pilot from victims’ groups was positive. Victim Support Scotland reported that individuals whom they supported “welcomed the opportunity to give evidence virtually”. Scottish Women’s Aid were of the view that virtual trials address the particular challenges in domestic abuse cases due to the dynamic between the victim and the perpetrator. And, ASSIST consider that virtual trials should be viewed as core components of the justice system.
The Lord Justice General, Lord Carloway, told the Board: “I fully support the recommendation of the Virtual Trials National Project board that a virtual domestic abuse summary trial court should be established in each Sheriffdom. The pilot has clearly established the merit of this proposal. I congratulate the Project board for their hard work and dedication to the project and their innovative and progressive thinking.”
We will have to wait to see when or if the use of virtual trials in domestic abuse cases will be implemented, but based on the Board’s report it will likely only be a matter of time.
We recognise that it is difficult to speak out against domestic abuse and victims may feel vulnerable or fearful about the consequences of speaking out, however, it is important to ask for help if you think you are experiencing domestic abuse.
At Thorntons we can advise you on the options available to you to protect against abusive behaviour. Depending on your circumstances, options can include:-
- Interdict: an order preventing someone using threatening or abusive behaviour towards another person
- Exclusion orders: an order removing a person’s rights to occupy a property
- Non-harassment Orders: an order stopping a person from harassing another
As well as these options, we may also offer you practical advice and suggest other specialist agencies who may be able to help with advice and support. Organisations to contact for practical support might include:
- Women’s Aid offer advice and services including providing refuge where someone is seeking a safe place to stay because of their partner’s behaviour. www.womensaid.org.uk/
- Abused Men In Scotland (AMIS) provide similar support services to men who have been the victims of domestic abuse. abusedmeninscotland.org/
- Scotland’s Domestic Abuse and Forced Marriage Helpline which offers a 24/7 helpline service. sdafmh.org.uk 08000271234
If there is an immediate and urgent risk we may also recommend that you contact the police on 999. If it is not safe to speak you should press 55. This alerts the operator that it is a domestic abuse call and the police will respond.
If you or someone you know is experiencing domestic abuse and you would like to discuss your individual circumstances, please contact one of our experienced family law solicitors on 03330 430150
