Inspectors have highlighted that Scotland’s prosecution service is failing victims of domestic abuse ‘in too many cases’.
In a report published today it’s revealed not enough is being done to communicate with and support victims through the justice process, following an in-depth review by HM Inspectorate of Prosecution in Scotland (IPS).
It found cases of domestic abuse are being prioritised for early trial at sheriff court, where the majority are prosecuted.
But a catalogue of failures is identified, surrounding “inadequate” communication and not enough time to prepare cases. Prosecutors report fearing this results in a ‘poor’ service for victims.
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Failure to communicate with victims leaves many feeling unsupported inspectors say, with some describing the justice process as “confusing, frustrating, exhausting and stressful” and like a burden to justice agencies.
One victim described the justice process as ‘hugely traumatic for not a lot of outcome’. Another said, ‘No wonder women don’t report domestic abuse, if this is how the justice system responds’.
Most described repeated delays and adjournments, leaving victims unable to move on with their lives. Many were not kept informed of developments in their case.
HM Chief Inspector or Prosecution in Scotland, Laura Paton, said:
“The justice system can seem complex and opaque to those not familiar with it. Communication with the victim is key.
“Poor communication risks victims becoming unsupportive of the prosecution and losing confidence in the justice system overall.”
“The picture that emerges from our inspection is of a service committed in principle to tackling domestic abuse and supporting victims, but which is struggling to put this commitment into practice in every case and to keep pace with increasing expectations.
“Indeed, many of our recommendations relate to matters that are already required by policy or processes, but which are not yet being delivered routinely.”
As part of its inspection, IPS conducted a review of 60 domestic abuse cases that had been prosecuted across Scotland and spoke to more than 20 victims.
(Image: Getty Images)
It found prosecutors often have to cram in time to prepare before court, when high demand can see cases being passed from prosecutor to prosecutor. This causes delays, cases being discontinued at a late stage and risks victims’ backing out of the process.
Ms Paton said: “We heard from deputes that they often lack sufficient time to prepare cases for trial to the standard they would like.
“The high volume of cases scheduled in court each day meant trial preparation was often done the evening before the trial, after spending the day in court. Some were worried they were providing a poor service to victims.”
The report which makes 27 recommendations also highlighted that victims are often described by COPFS staff as ‘hostile’.
But victims and charities said they are often afraid of reprisals from the accused if they engaged in the justice process, or worried about the impact this might have on their children, other family members or their work.
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Many also reported frustration that the accused had not been held to account for their behaviour. Victims felt the accused was persistently released on the same bail conditions they had breached, failed to appear at court with “no apparent consequences”, and sentencing did not reflect the gravity of the offending.
One victim said their ex-partner had been ‘emboldened’ by the way their case had been handled by the justice system.
All victims of domestic abuse should be referred to COPFS’s Victim Information and Advice (VIA) service.
But Inspectors warned the service was at risk of becoming a “letter-writing service” instead of one that supports and engage with victims in a way that is tailored to individual needs. IPS has called for a review of whether the service is fit for purpose.
It has also urged the COPFS to roll out effective schemes trialled in some areas, including a dedicated Domestic Abuse Court in Glasgow.
In 2022 Dundee became one of three areas in Scotland along with Hamilton and Paisley to introduce a pilot which aims to reduce the number of cases that are set down for trial unnecessarily.
Kate Wallace, Chief Executive of Victim Support Scotland said:
“For far too long, victims of domestic abuse have had to endure a highly flawed and traumatising system on top of the physical and emotional impacts of the crime itself. We welcome this report in highlighting issues related to domestic abuse which are well-known to victims and have been repeatedly shared with key decision-makers over the years.
“It is a very sad reflection that victims feel they are a ‘burden’ to the current Scottish justice system and that it ‘emboldens’ some perpetrators. Our hope and desire is that the recommendations made lead to tangible transformative change and a much improved experience for victims of domestic abuse. This is needed sooner rather than later.
“VSS provides community and court support for people affected by all crime, including domestic abuse. We urge anyone affected who needs help to get in touch on 0800 160 1985.”
Lord Advocate Dorothy Bain KC said: “The report shares powerful personal experiences of those affected by domestic abuse. I would like to acknowledge the strength of the victims who contributed to this inspection. I understand how valuable their experience is and am focused on change to act on what they say.
“Appalling escalating instances of domestic abuse have led to the deaths of victims. Almost all victims of domestic abuse are women, girls and children. This is the reality which we must confront. For women to be confident to report crime they have suffered they must be sure they will be treated with empathy by the justice system and will not let be down. This report recognises that we must do more to secure that trust.
“COPFS has not always got it right in the way it communicates with victims and that is a matter of profound regret to me. This report contains many criticisms and does not show an organisation working as I want it to.
“I meet many amazing procurator fiscal staff who are dedicated to serving vulnerable victims. The challenge that I, and the leadership of COPFS, have is to inspire all our people to deliver a prosecution service informed by trauma.
“Whilst there is much to do, there is a clear and ambitious pathway of work transforming how prosecutors respond to an epidemic of domestic abuse. It is of the utmost importance to me as Lord Advocate that this work is advanced without delay.”
Dr Emma Forbes, Procurator Fiscal for Domestic Abuse, added: “We are focused on three key areas of change this year. Improving our service is a long-term project, but where we have identified changes which can be made quickly we have been doing so.
“A new approach taken by COPFS as part of changes in pilot areas, has been to engage at an earlier stage with victims of domestic abuse by offering better, proactive communications with prosecutors.
“We have been investing in digital transformation to improve access to information about cases and guidance about what to expect – to better equip victims to feel more informed and engaged in the justice process.
“We want our people, at every level, to be equipped with the confidence and skills to engage with and listen to victims, and to respond to the many forms domestic abuse takes. We have been building on and are prioritising the provision of training.
This means that all our people will have access to specialist training which is relevant to the different knowledge and skills roles need to respond effectively to the impact of trauma and gender-based violence.
“The report has emphasised the value of COPFS’ work with partners which has allowed a pilot scheme for summary case management. This new approach means earlier decision making, enhanced evidence-gathering and robust judicial management of cases. This has reduced the number of adjournments in domestic abuse cases and minimised anxious waiting times for victims.
“This early and effective intervention by prosecutors and our partners in pilot areas to tackle offending and enable victims to engage effectively in the justice process. We have already expanded this approach to Glasgow Sheriff Court and will do o more across Scotland throughout 2024.
“As Scotland’s prosecutors, we want to make sure that we achieve the best possible resolutions for victims. We will continue to address the recommendations and areas for improvement that IPS have highlighted.”
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