Handling of domestic abuse cases must change, says Sheriff
A series of reforms to the way domestic abuse cases are handled - including getting serious cases to trial in three weeks - have been proposed by a senior sheriff.
A series of reforms to the way domestic abuse cases are handled - including getting serious cases to trial in three weeks - have been proposed by a senior sheriff.
Derek Pyle, Sheriff Principal of Grampian, Highlands and Islands, has delivered a lecture in which he outlined proposals aimed at improving victims' experiences in the justice system and dealing effectively with those who carry out the vile'' crime.
Among the steps he proposes is greater use of powers to deal with some cases outside the courts, trials taking place in serious summary cases around 21 days after an initial court appearance, and programmes of support for abusers.
He also backed the creation of a new offence of domestic abuse and severe penalties for serial offenders.
Scottish Women's Aid welcomed much of the speech but took issue with the proposal to divert what it termed so-called less serious cases'' away from prosecution in the courts.
Speaking in Edinburgh on Thursday evening, the sheriff told how the courts are having a more significant role than ever in dealing with domestic abuse, but he also spoke of faults'' within the criminal justice system and said some people linked to a case can belet down by the system in its many guises''.
Potential problems with the current approach can include both parties being arrested by police and the prosecution of trivial'' incidents under the umbrella of alleged domestic violence. Problems also commonly arise over breaches of bail conditions, he said.
Bearing in mind that it is on the one hand essential to continue the fight against domestic abuse but on the other to recognise that present policies can create injustice for the very group they are intended to protect, what should be done?'' he asked.
Arguing for a different approach'', he said a distinct crime of domestic abuse should be created.
A distinct offence of domestic abuse should open up for consideration by the police, prosecutors and the courts the underlying behaviour which led up to the final act which caused the complaint and the arrest,'' he said.
He argued that criminal courts should not be seen as the first port of call,'' saying sheriffs see some cases which are little more than domestic arguments.
Sheriff Pyle said: My argument is that the criminal law has an important, indeed vital, role in tackling domestic abuse, but that does not mean that the criminal courts should be regarded in the same light.
The courts' usefulness is in dealing with the most severe cases and, where it can, in imposing equally severe punishment.''
He went on: The fundamental change that is required is in the steps taken in all the other cases short of a court appearance. That is where the police and the prosecutors have a vital role to play. There should be no let up ... in investigation and evidence collection, but the police and prosecutors should consider first of all whether the underlying problems can be addressed.
That is not a soft option. Nor, if properly presented, should it be seen by the complainer as being unsupportive of her predicament. There are mechanisms available to police and prosecutors to divert cases away from the courts. There has in recent years been a drop off in the use of these powers. They should be used far more than they are.''
The sheriff also recommended voluntary programmes of support for abusers, to persuade the offender that what they did was wrong.
Domestic abuse cases will soon have a target to get to trial within eight to ten weeks, but Sheriff Pyle said that is still far too long''.
I see no reason why the trial should not go ahead in three weeks,'' he said.
To do that will require assistance from the likes of the Scottish Legal Aid Board, although they will tell you that provided all the necessary information is given they will turn round applications in 48 hours.
But more importantly it will work only if the number of cases which proceed through the court is reduced to those I have described as the most serious ones, to which would be added those where the abuser still misguidedly thinks that he might get off.''
Scottish Women's Aid chief executive Dr Marsha Scott welcomed the sheriff principal's commitment to improving women's experience in Scotland's courts.
She said: We couldn't agree more that short court waits reduce witness attrition and reduce further revictimisation of women and their children, and we are on the same page about a need for a specific offence that reflects our understanding of domestic abuse as an attack on women's autonomy, liberty, and independence.''
But she was not so keen on his enthusiasm'' for diverting cases from prosecution.
She added: This idea has been around a long time, and we've never seen evidence that it works to protect women, not to mention the extraordinarily regressive message it sends to the rest of society.
Indeed, victims and perpetrators are diverted from court all the time now because women are not confident they will be protected and believed ... Diverting so-called less serious cases (no broken bones? she was only a little afraid?) will hardly build their confidence.
Sheriff Principal Pyle is a valued ally and a welcome member in the ranks of those of us seeking to transform our system instead of continually tinkering at the margins. We just need to agree to disagree about diversion. Let's get on with the rest of the project.''