Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Act 2025

• (c) more broadly, the extent to which the relevant person received any support the person reasonably required following on from the death (whether such support is normally provided by a public authority or not).

• (4) Where more than one person is a relevant person for the purpose of subsection (3), the remit of the review may be expanded in respect of any or all of those persons.

• (5) The remit of a review may be expanded in accordance with subsection (3) only where the Lord Advocate has given consent to the expansion.

• (6) For the purposes of this section—

• “adult at risk” means a person whom the committee considers to have been, immediately prior to the death in question, an adult at risk within the meaning of section 3 of the Adult Support and Protection (Scotland) Act 2007,

• “child” is to be construed in accordance with section 12(7)(c),

• “public authority” has the meaning given by section 6(3) of the Human Rights Act 1998 but does not include a court or tribunal,

• “young person” has the meaning given by section 12(7)(d).

Reconsideration of whether to hold a review

21

• (1) The question of whether a death is a reviewable death and, if so, whether a domestic homicide or suicide review should be carried out in respect of it may be reconsidered where—

• (a) the outcome of the previous consideration under section 19 was that a review was not to be carried out, and

• (b) the decision-maker in respect of that consideration believes it appropriate to reconsider the death as a result of becoming aware of relevant information which was not held by the decision-maker at the time of that consideration.

• (2) Where reconsideration of a death is to take place by virtue of subsection (1)—

• (a) section 19 applies as it applies following notification or a referral of a death under section 17, with the exception that if the Scottish Ministers were the decision-maker in respect of the previous consideration then they are to perform the review oversight committee’s functions under section 19(1)(a) and (b)(i) in the reconsideration,

• (b) for the purposes of this Part, the outcome of the reconsideration is to be treated as being the outcome of consideration of a death under section 19 (and, accordingly, may itself be reconsidered if subsection (1) is satisfied in respect of it).

• (3) Where the outcome of reconsideration of a death is itself subject to reconsideration, references in this section to the previous consideration are to be read as references to the previous reconsideration (or, where applicable, to the most recent reconsideration) in respect of the death.

• (4) For the purposes of this section, the decision-maker in respect of consideration of a death is—

• (a) where the Scottish Ministers made the determination under section 19(1)(b)(ii) or (as the case may be) performed the review oversight committee’s functions in a reconsideration as mentioned in subsection (2)(a), the Scottish Ministers,

• (b) otherwise, the review oversight committee.

Conduct of reviews

Carrying out of review

22

• (1) Where the outcome of consideration of a death under section 19 is that a domestic homicide or suicide review is to be carried out in respect of the death, the chair of the review oversight committee must establish a case review panel to carry out the review.

• (2) Where the committee considers it appropriate to do so, it may—

• (a) establish a panel to carry out a combined review of two or more deaths,

• (b) instruct the panel to carry out its review in conjunction with a review of another type being carried out by someone else into circumstances relating to the death in question.

• (3) In respect of each domestic homicide or suicide review, the committee—

• (a) must specify the terms on which the review is to be undertaken (the review’s “terms of reference”), and

• (b) may modify the terms of reference as it considers appropriate.

• (4) Where the remit of a review is expanded under section 20, the terms of reference must reflect the expansion.

• (5) The terms of reference of a review may be modified under subsection (3)(b) so as to set any remit which could have been set following consideration under section 20, but subsection (5) of that section applies to any expansion of the remit by modification as it applies to any expansion of the remit under that section.

• (6) The committee must ensure that the panel established to carry out a review—

• (a) makes satisfactory progress in doing so,

• (b) acts in accordance with the review’s terms of reference, and

• (c) suspends, discontinues or resumes its review in accordance with any notice received by the committee under section 23.

• (7) The Scottish Ministers may reimburse the expenses reasonably incurred by any person who participates in a domestic homicide or suicide review.

Lord Advocate’s power to order suspension or discontinuation of review proceedings

23

• (1) The Lord Advocate may at any time order the suspension of consideration of a death under section 19, or of a domestic homicide or suicide review, for such period as appears to the Lord Advocate to be necessary to allow for—

• (a) the completion of any other investigation, or

• (b) the determination of any criminal proceedings, or any relevant inquiry,

which the Lord Advocate considers to be connected.

• (2) The Lord Advocate may at any time order the discontinuation of consideration of a death under section 19, or of a domestic homicide or suicide review, where the Lord Advocate has concluded that it is appropriate to do so in light of—

• (a) any other investigation, or

• (b) any criminal proceedings, or any relevant inquiry.

• (3) The powers conferred by subsections (1) and (2) are exercised by the Lord Advocate giving written notice to the review oversight committee, setting out the Lord Advocate’s reasons for exercising the power.

• (4) Before exercising a power conferred by subsection (1) or (2), the Lord Advocate must consult the chair of the review oversight committee.

• (5) A notice under subsection (1)—

• (a) may be given whether or not the investigation, criminal proceedings or inquiry has begun, and

• (b) may order the suspension of consideration of a death under section 19, or of a domestic homicide or suicide review, until—

• (i) a day specified in the notice,

• (ii) the happening of a specified event, or

• (iii) the giving by the Lord Advocate of a further notice to the committee.

• (6) Where the Lord Advocate gives a notice under subsection (1), (2) or (5)(b)(iii), the Lord Advocate must provide the Scottish Ministers with a copy of it.

• (7) For the purposes of this section—

• (a) consideration of a death under section 19 is to be taken to commence upon receipt by the review oversight committee of a notification or referral in respect of the death,

• (b) “relevant inquiry” means—

• (i) an inquiry under the Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016, or

• (ii) an inquiry under the Inquiries Act 2005 for which the Scottish Ministers are solely responsible (see section 28 of that Act).

Protocol in relation to interaction with criminal investigations etc.

24

• (1) The persons mentioned in subsection (2) must agree and maintain a protocol in respect of—

• (a) the consideration of deaths under section 19, and

• (b) the carrying out of domestic homicide or suicide reviews.

• (2) The persons who are to be the parties to the protocol are—

• (a) the chair of the review oversight committee,

• (b) the chief constable of the Police Service of Scotland,

• (c) the Lord Advocate,

• (d) the Police Investigations and Review Commissioner, and

• (e) the Scottish Ministers.

• (3) The protocol must describe in general terms the processes and arrangements which the parties to it intend to follow—

• (a) in order to prevent, insofar as within their power, the matters mentioned in subsection (1)(a) and (b) causing prejudice to—

• (i) any criminal investigation, or any other investigation directed by the Lord Advocate or a procurator fiscal,

• (ii) any criminal proceedings,

• (iii) any relevant inquiry within the meaning of section 23(7)(b), and

• (b) in relation to the provision by the review oversight committee, or a case review panel carrying out a review, to the chief constable or, as the case may be, the Police Investigations and Review Commissioner of information obtained in connection with the matters mentioned in subsection (1)(a) and (b).

• (4) The processes and arrangements covered by the protocol must include the circumstances in which a person is not to be interviewed or required to provide information to the review oversight committee or a case review panel without the prior consent of—

• (a) the chief constable,

• (b) the Lord Advocate,

• (c) the Police Investigations and Review Commissioner.

• (5) The parties to the protocol must keep it under review and may at any time revise it.

Duty on designated core participants to co-operate

25

• (1) A designated core participant is to co-operate, in relation to the consideration of a death under section 19 and the carrying out of a domestic homicide or suicide review, with—

• (a) the review oversight committee,

• (b) a case review panel established to carry out a review, and

• (c) other designated core participants.

• (2) For the purposes of subsection (1), co-operation includes—

• (a) participating, on request, in a domestic homicide or suicide review,

• (b) providing, as soon as reasonably practicable following a request, such information or assistance as the committee or (as the case may be) the panel reasonably considers necessary for the purpose of fulfilling its functions under this Part.

• (3) But, subject to subsection (4), a designated core participant is not required by virtue of subsection (1) to provide information which that person would be entitled to refuse to provide in proceedings in a court in Scotland.

• (4) Subsection (3) does not relieve a designated core participant of the obligation under subsection (1) to provide any information to which a request mentioned in subsection (2)(b) extends by virtue of provision made under section 4(4) or paragraph 6 of schedule 3 of the Rehabilitation of Offenders Act 1974.

• (5) Where the Lord Advocate gives an order under section 23(1) requiring the suspension of consideration of a death, or of a review, subsection (1)—

• (a) ceases to have effect in relation to the consideration or review, but

• (b) once again has effect in relation to the consideration or review if it is resumed following the suspension.

• (6) In this section, “designated core participant” means—

• (a) a local authority,

• (b) a health board constituted under section 2(1)(a) of the National Health Service (Scotland) Act 1978,

• (c) a special health board constituted under section 2(1)(b) of the National Health Service (Scotland) Act 1978,

• (d) the chief constable of the Police Service of Scotland,

• (e) the Scottish Police Authority,

• (f) the Police Investigations and Review Commissioner,

• (g) the Lord Advocate,

• (h) the Scottish Courts and Tribunals Service,

• (i) the Scottish Ministers in the exercise of their functions under the Prisons (Scotland) Act 1989,

• (j) Community Justice Scotland,

• (k) the Risk Management Authority,

• (l) Social Care and Social Work Improvement Scotland,

• (m) the Scottish Social Services Council,

• (n) Social Work Scotland Ltd. (company number SC317274).

• (7) The Scottish Ministers may by regulations modify subsection (6) so as to add a designated core participant, vary the description of a designated core participant, or remove a designated core participant.

• (8) Before making regulations under subsection (7), the Scottish Ministers must consult the public authority or other person in respect of which they propose to make regulations.

Provision of information

26

• (1) A requiring authority may, by notice in writing, require a person (including another requiring authority) to provide it, as soon as reasonably practicable, with information—

• (a) which is in the person’s possession or control, and

• (b) which the requiring authority giving the notice reasonably considers is necessary for the carrying out of its functions under this Part.

• (2) But, subject to subsection (3), a person is not required by virtue of subsection (1) to provide information which that person would be entitled to refuse to provide in proceedings in a court in Scotland.

• (3) Subsection (2) does not relieve a person of the obligation under subsection (1) to provide any information to which a notice extends by virtue of provision made under section 4(4) or paragraph 6 of schedule 3 of the Rehabilitation of Offenders Act 1974.

• (4) A requiring authority may not give a notice under subsection (1) to a person who is a designated core participant for the purposes of section 25 (but information may be obtained from the person under that section).

• (5) Where the Lord Advocate gives an order under section 23(1) requiring the suspension of consideration of a death, or of a review—

• (a) a notice under subsection (1) ceases to have effect so far as it relates to the consideration or review, but

• (b) a further notice under subsection (1) may be issued in relation to the consideration or review if it is resumed following the suspension.

• (6) For the purposes of subsection (1), the following are requiring authorities—

• (a) the Scottish Ministers,

• (b) the chair of the review oversight committee,

• (c) the chair of a case review panel.

• (7) In this section, “information” includes unrecorded information.

Reporting

Reports on case reviews: content and preparation

27

• (1) A case review panel must prepare a report on each domestic homicide or suicide review it completes.

• (2) A report must include—

• (a) the dates, or approximate dates, of any events prior to the death in question which have been identified by the panel as being of significance,

• (b) where the persons who are persons A and B for the purpose of section 12 in relation to the death in question were partners or ex-partners, a summary of—

• (i) any significant relationships each of them had with others at the time of the death, and

• (ii) any changes in the significant relationships each of them had with others in the period leading up to the death,

• (c) information about any occasions when, in the panel’s opinion, an opportunity was either missed or taken to—

• (i) safeguard those affected by abusive domestic behaviour, or

• (ii) promote the wellbeing of victims of abusive domestic behaviour,

• (d) the conclusions the panel has drawn from the review,

• (e) the panel’s reasons for reaching those conclusions,

• (f) any recommendations the panel has as a result of those conclusions.

• (3) If the panel is unable to produce a unanimous report, the report must reasonably reflect the points of disagreement.

• (4) Once the panel has prepared a report, the chair of the panel must submit the report to the review oversight committee for approval.

• (5) On receipt of a report, the committee may—

• (a) approve the report either without modification or with such modifications as it considers appropriate for the purpose of ensuring that the report is of satisfactory quality and accords with the review’s terms of reference, or

• (b) direct the chair of the panel to resubmit the report with such modifications made to it as the direction specifies, and any further changes the panel considers appropriate, for the purpose mentioned in paragraph (a).

• (6) Subsection (5) applies to a report which is resubmitted following a direction to do so as it applies to the originally submitted report.

• (7) The chair of the panel and the chair of the review oversight committee may each share a draft report, or part of a draft report, with any person with whom the chair in question considers it appropriate to share the draft for the purpose of checking its accuracy.

• (8) In relation to the sharing of a draft report (or any part of it) under subsection (7)—

• (a) the chair in question’s taking of a decision as to whether to share material and, if so, the sharing of it must be carried out in accordance with the protocol produced under section 24,

• (b) the person sharing the material—

• (i) may redact or anonymise it as the person considers appropriate,

• (ii) must, at the same time as sharing it, provide a copy of it to the Scottish Ministers for information, and

• (c) the person with whom the material is shared under subsection (7) may not share it with any other person and must keep its content confidential unless and until it is subsequently published under section 28(1).

• (9) The review oversight committee must provide a copy of a report approved under subsection (5)—

• (a) in every case, to the Scottish Ministers, and

• (b) where the review relates to the death of a young person or an adult at risk, to Social Care and Social Work Improvement Scotland.

• (10) The Scottish Ministers may by regulations make provision for or in connection with the resolution (by them, by such person as they appoint, or between the parties) of any disputes between the chair of a panel and the review oversight committee in respect of—

• (a) any modifications which the committee proposes to make to a report under subsection (5)(a),

• (b) any direction to resubmit a report which the committee gives under subsection (5)(b).

• (11) In this section—

• “abusive domestic behaviour” means abusive behaviour by person A towards person B, within the meaning of section 12(2),

• “adult at risk” means a person whom the panel considers to have been, immediately prior to the person’s death, an adult at risk within the meaning of section 3 of the Adult Support and Protection (Scotland) Act 2007,

• “young person” means a person— who is under the age of 18, or who— is under the age of 26, and at some point has been looked after, within the meaning of section 17(6) or 17A(2) of the Children (Scotland) Act 1995, by a local authority.

Reports on case reviews: publication and sharing

28

• (1) The review oversight committee—

• (a) may publish a report, or part of a report, approved under section 27(5) only with the consent of the Lord Advocate, but

• (b) must publish (in the report or otherwise) such information as it considers appropriate about the recommendations made in the report.

• (2) The chair of the review oversight committee must take all reasonable steps to ensure that a published report does not identify, or include information which would or might allow the identification of—

• (a) the person whose death is the subject of the review, or who is person A or person B for the purpose of section 12 in relation to the death in question,

• (b) any individual (including a deceased individual) who—

• (i) is or was connected with a person mentioned in paragraph (a) (for example, as a family member, friend or acquaintance), or

• (ii) was involved in events which were examined by the review.

• (3) The chair of the review oversight committee and the Scottish Ministers may each share reports, or parts of reports, approved under section 27(5) with any person with whom the chair or, as the case may be, Ministers consider it appropriate to share them for the purpose of promoting the learning of lessons with a view to—

• (a) safeguarding those affected by abusive domestic behaviour, or

• (b) promoting the wellbeing of victims of abusive domestic behaviour.

• (4) Where a report approved under section 27(5) contains material which has not been published under subsection (1)—

• (a) the taking of a decision under subsection (3) as to whether to share the report (or any part of it) and, if so, the sharing of it must be carried out in accordance with the protocol produced under section 24,

• (b) the person sharing the report (or the part of the report) may redact or anonymise material as the person considers appropriate, and

• (c) the person with whom the report (or the part of the report) is shared may not share any unpublished material within it with any other person and must keep the content of that material confidential.

• (5) In subsection (3), “abusive domestic behaviour” means abusive behaviour by person A towards person B, within the meaning of section 12(2).

Requirement to respond to report recommendations

29

• (1) A person may be required, by a statement to that effect in a report approved under section 27(5), to respond to a recommendation in the report.

• (2) Where a requirement to respond is imposed by virtue of subsection (1)—

• (a) the review oversight committee must give a copy of the report to the person, and

• (b) the person must, within such reasonable period as the committee specifies, provide the committee and the Scottish Ministers with a written statement which sets out—

• (i) what the person has done, or proposes to do, to give effect to the recommendation,

• (ii) to the extent that the person does not intend to give effect to the recommendation, the person’s reasons for that.

• (3) The review oversight committee and the Scottish Ministers may each—

• (a) publish (in full or in part) a person’s written response to a recommendation,

• (b) publicise a person’s failure to comply with a requirement to respond.

Periodic reports

30

• (1) The Scottish Ministers must, as soon as reasonably practicable after the end of each reporting period—

• (a) prepare and publish a report in respect of activity relating to domestic homicide or suicide reviews during the reporting period,

• (b) lay a copy of the report before the Scottish Parliament.

• (2) A report under subsection (1) must include, in respect of the reporting period—

• (a) information about—

• (i) any common themes emerging from the outcome of reviews,

• (ii) any lessons to be learned which are identified in reports and which the Scottish Ministers consider ought to be highlighted,

• (iii) any actions taken as a result of recommendations made in reports provided to the Scottish Ministers under section 27 and, where known, the impact of those actions,

• (iv) where the outcome of consideration of a death under section 19 was that a review should not be carried out, the reasons for reaching that outcome,

• (v) the number of notices given by the Lord Advocate under section 23(1), (2) or (5)(b)(iii) and any reasons given under section 23(3) in connection with those notices,

• (b) the number, broken down between homicides and suicides, of—

• (i) notifications or referrals of deaths received under section 17 from—

• (A) the chief constable of the Police Service of Scotland,

• (B) the Lord Advocate,

• (C) the Police Investigations and Review Commissioner, and

• (D) the Scottish Ministers,

• (ii) deaths considered for review under section 19,

• (iii) deaths in respect of which the outcome of that consideration was that a review should not be carried out,

• (iv) reviews commenced, and the number of deaths to which they relate,

• (v) reviews completed, and the number of deaths to which they relate.

• (3) In preparing a report under subsection (1), the Scottish Ministers must consult—

• (a) the chair of the review oversight committee appointed by virtue of section 14(2)(a),

• (b) the deputy chair of the committee appointed by virtue of section 14(2)(b),

• (c) the case review panel chairs appointed under section 15(2),

• (d) such other persons as the Scottish Ministers consider appropriate.

• (4) In this section, “reporting period” means—

• (a) the period of 2 years beginning with the day on which section 12 comes into force, and

• (b) each subsequent period of 2 years.

Guidance

Guidance by the Scottish Ministers

31

• (1) The review oversight committee and any case review panel established under section 15 must have regard to any written guidance issued by the Scottish Ministers as to the exercise by the committee and any panel of their functions under this Part.

• (2) The review oversight committee and any case review panel chairs appointed under section 15(2) must provide the Scottish Ministers with such assistance as they reasonably request in preparing any such guidance.

• (3) The Scottish Ministers must publish any such guidance as soon as reasonably practicable after issuing it.

Part 3 — Final provisions

Regulation-making powers

32

• (1) Any power of the Scottish Ministers to make regulations under this Act includes the power to make—

• (a) different provision for different purposes,

• (b) incidental, supplementary, consequential, transitional, transitory or saving provision.

• (2) Regulations under the following provisions are subject to the affirmative procedure—

• (a) section 13(1),

• (b) section 27(10).

• (3) Regulations under the following provisions are subject to the negative procedure—

• (a) section 14(5),

• (b) section 25(7),

• (c) paragraph 3(3) of the schedule.

• (4) Regulations under section 33—

• (a) which add to, replace or omit any part of the text of an Act are subject to the affirmative procedure,

• (b) otherwise, are subject to the negative procedure.

• (5) This section does not apply to regulations under section 34.

Ancillary provision

33

• (1) The Scottish Ministers may by regulations make any incidental, supplementary, consequential, transitional, transitory or saving provision they consider appropriate for the purposes of, in connection with, or for giving full effect to this Act or any provision made under it.

• (2) Regulations under this section may modify any enactment (including this Act).

Commencement

34

• (1) This Part comes into force on the day after Royal Assent.

• (2) The sections to which subsection (3) applies come into force on whichever is the later of—

• (a) the day after Royal Assent,

• (b) 1 December 2025.

• (3) This subsection applies to—

• (a) section 1,

• (b) section 2,

• (c) section 4,

• (d) section 8,

• (e) section 9(1) insofar as it relates to section 9(2),

• (f) section 9(2), and

• (g) section 10.

• (4) The other provisions of this Act come into force on such day as the Scottish Ministers may by regulations appoint.

• (5) Regulations under subsection (4) may—

• (a) make different provision for different purposes,

• (b) include transitional, transitory or saving provision.

Short title

35

The short title of this Act is the Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Act 2025.

Schedule

Offices to which this schedule applies

1

In this schedule, “relevant office” means—

• (a) the chair of the review oversight committee appointed by virtue of section 14(2)(a),

• (b) the deputy chair of the committee appointed by virtue of section 14(2)(b),

• (c) a case review panel chair appointed under section 15(2),

and “relevant office-holder” is to be construed accordingly.

Status

2

A relevant office-holder—

• (a) is not a servant or agent of the Crown, and

• (b) does not enjoy any status, immunity or privilege of the Crown.

Criteria for appointment

3

• (1) An individual may not be appointed to hold a relevant office if the individual is or, within the year preceding the date on which the appointment is to take effect, has been—

• (a) a member of the Scottish Parliament,

• (b) a member of the House of Commons,

• (c) a member of the House of Lords,

• (d) a councillor, employee or appointee of a local authority,

• (e) a civil servant,

• (f) a person who is, or who is a member, employee or appointee of—

• (i) the Lord Advocate,

• (ii) the chief constable of the Police Service of Scotland,

• (iii) the Police Investigations and Review Commissioner,

• (iv) the Scottish Courts and Tribunals Service,

• (v) the Parole Board for Scotland,

• (vi) the Risk Management Authority,

• (vii) the Scottish Social Services Council,

• (viii) a health board constituted under section 2(1)(a) of the National Health Service (Scotland) Act 1978,

• (ix) a special health board constituted under section 2(1)(b) of the National Health Service (Scotland) Act 1978,

• (g) a person who is a director, employee or appointee of Social Work Scotland Ltd. (company number SC317274).

• (2) In making an appointment under section 14(2) or 15(2), the Scottish Ministers must have regard to the desirability of a relevant office-holder not being and, within the year preceding the date on which the appointment is to take effect, not having been a member, employee or appointee of an organisation which Ministers consider—

• (a) has as its aim, or as one of its primary aims, the provision of support to victims of crime, or

• (b) is involved in overseeing the provision of services to victims of abusive domestic behaviour.

• (3) The Scottish Ministers may by regulations modify sub-paragraph (1) or (2) so as to add a person, vary the description of a person, or remove a person.

• (4) Before making regulations under sub-paragraph (3), the Scottish Ministers must consult such persons (if any) as they consider appropriate.

• (5) In this paragraph, “abusive domestic behaviour” means abusive behaviour by person A towards person B, within the meaning of section 12(2).

Tenure

4

Subject to paragraph 5—

• (a) an individual appointed to a relevant office holds office for a period of 5 years,

• (b) an individual’s period of appointment may be extended by the Scottish Ministers (on one or more occasions), provided that the total period by which the appointment is extended does not exceed 1 year,

• (c) an individual may be reappointed to a relevant office, provided that the individual’s total period of appointment to the office (including any extension under paragraph (b)) does not exceed 8 years.

Early termination

5

The appointment of an individual to a relevant office ends—

• (a) in accordance with any written notice of resignation given by the individual to the Scottish Ministers in respect of the office,

• (b) if the individual becomes disqualified from being appointed to the office under paragraph 3(1),

• (c) if the individual is removed from office by the Scottish Ministers giving notice in writing to the individual on the grounds that the Scottish Ministers consider that the individual is—

• (i) unable to perform the functions of the office,

• (ii) unsuitable to continue to hold the office.

Remuneration and allowances

6

• (1) The Scottish Ministers may pay a relevant office-holder such remuneration and allowances (including expenses) as the Scottish Ministers determine.

• (2) The Scottish Ministers must indemnify relevant office-holders in respect of any liabilities incurred by them in the exercise of their functions.

Other terms and conditions

7

The Scottish Ministers may, subject to any provision made by this Act, determine the terms and conditions on which a relevant office-holder is appointed.

Validity of things done

8

The validity of anything done by a relevant office-holder is not affected by—

• (a) a defect in the individual’s appointment,

• (b) the disqualification of an individual after appointment.

Review oversight committee: appointment of temporary chair

9

• (1) The Scottish Ministers may appoint an individual (who may be a member of the review oversight committee) to carry out the functions of the chair of the committee during any period when both—

• (a) there is no chair, or the chair is unable to act, and

• (b) there is no deputy chair, or the deputy chair is unable to act.

• (2) In relation to the making of an appointment under sub-paragraph (1)—

• (a) an individual who is disqualified for appointment as the chair of the committee is also disqualified for appointment under sub-paragraph (1),

• (b) paragraph 3(2) applies to an appointment under sub-paragraph (1) as it applies to the appointment of a relevant office-holder.

• (3) An individual appointed under sub-paragraph (1)—

• (a) may be dismissed by the Scottish Ministers at any time,

• (b) may resign at any time by giving written notice to the Scottish Ministers to that effect,

• (c) is appointed on such terms and conditions (including as to remuneration) as the Scottish Ministers determine.

Electronic signatures and alternative methods of sending documents

Virtual attendance at court

Review of virtual attendance provisions

Sections 1 and 2: transitional provisions and interpretation

Digital productions

Authentication of electronic copy documents

Body-worn video evidence

Increase of fixed penalty limit

National jurisdiction for custody cases in sheriff courts and JP courts

Section 9: transitional provision

Addition of charge to indictment

Domestic homicide or suicide review

Power to modify matters in relation to reviews

Review oversight committee

Case review panels

Committee and panels: further provision

Notification of deaths

Revocation of notification

Determination as to whether to hold a review

Determination as to whether to expand the remit of a review

Reconsideration of whether to hold a review

Carrying out of review

Lord Advocate’s power to order suspension or discontinuation of review proceedings

Protocol in relation to interaction with criminal investigations etc.

Duty on designated core participants to co-operate

Provision of information

Reports on case reviews: content and preparation

Reports on case reviews: publication and sharing

Requirement to respond to report recommendations

Periodic reports

Guidance by the Scottish Ministers

Regulation-making powers

Ancillary provision

Commencement

Short title

Offices to which this schedule applies

Status

Criteria for appointment

Tenure

Early termination

Remuneration and allowances

Other terms and conditions

Validity of things done

Review oversight committee: appointment of temporary chair

Editorial notes