Questions in the consultation (bolded):
- Notification requirements and monitoring of Domestic Abuse Offenders
The Bill proposes to introduce notification and monitoring requirements for certain people convicted of domestic abuse. They would be required to tell the police about things like their home address and other addresses they regularly stay at, their passport details and if they change their name. Police would also be able to visit and monitor them.
1.1. What are your views on this proposal?
1.2. Is the definition of a domestic abuse offender in Part 1 of the Bill the right one? A person is considered a domestic abuse offender if they have been found guilty of serious domestic abuse crimes and meet one of the following conditions:
They were sent to prison for 12 months or more, or
They were given a community payback order that includes supervision (this means they are monitored while living in the community).
This applies if the person was convicted of any of these offences:
Abusive behaviour towards a partner or ex-partner
This is covered under Section 1(1) of the Domestic Abuse (Scotland) Act 2018.
Breaking a domestic abuse protection order
This is covered under Section 17 of the Domestic Abuse (Protection) (Scotland) Act 2021.
Any crime that includes a domestic abuse aggravation
This means the crime was made worse because it involved domestic abuse, as defined in Section 1 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016.
1.3. Do you think these notification and monitoring requirements would help improve safety for victim-survivors?
1.4. Are there any risks or unintended consequences that you think need to be considered
1.5. Do you think there is other information that domestic abuse offenders should be required to notify the police of that isn’t included in the Bill?
1.6. Do you agree with the notification periods included in the Bill or should these be different?
1.7. Do you agree with the penalties for failing to comply with the notification requirements?
- Risk Notifications
The Disclosure Scheme for Domestic Abuse Scotland gives people the right to ask if someone has a history of domestic abuse and lets the police tell people that they may be at risk without being asked. The Bill does not make any changes to this disclosure scheme.
2.1. Do you think the provisions in the Bill will mean that more disclosures will be made under this scheme?
2.2. Could the Bill do more in terms of enabling the disclosure of someone’s history of domestic abuse?
- Rehabilitation and Behaviour Change Programmes
The Bill proposes a power to require certain people who are convicted of domestic abuse offences to be assessed to see if they are suitable to take part in rehabilitation or behaviour change programmes, such as those designed to address violent or controlling behaviour, and that courts, prison throughcare and the Parole Board should take account of this.
3.1. What are your views on this proposal?
3.2. Can these types of programmes be effective in reducing harm?
3.3. What kinds of support or follow-up are needed to make them meaningful?
3.4. Are there currently enough programmes and services in place that if someone is assessed as suitable that they could be provided?
- Data collection and reporting
The Bill would require Police Scotland, the Crown Office and Procurator Fiscal Service (COPFS) and charities supporting victims of domestic abuse to collect certain data about victims, and the Scottish Government to then report on it annually. The data would include if they had a disability and their ethnicity. The Scottish Government would also have to produce an annual report on access to services for people affected by domestic abuse. This might include services like advocacy, safe housing, mental health support or legal help.
4.1. Do you support this proposal?
4.2. Is the data the Bill requires to be collected the right information that is needed? This includes information on victims’ age, sex, nationality, ethnic or national origins, and if they have a disability or have been a child looked after by a local authority.
4.3. How could this help improve support for victim-survivors?
- Domestic Abuse Education in Schools
The Bill proposes that education about domestic abuse and healthy relationships should be provided in all schools, with the option for parents to withdraw their child from this.
5.1. What are your views on this proposal?
5.2. At what age should this education begin?
5.3. What topics should be covered to make it meaningful and inclusive?
5.4. How can we ensure this is delivered in a way that is safe and appropriate for all pupils?
- Support for Victim-Survivors and their Families
The Bill does not directly change how support services are delivered, but it does aim to improve information and prevention.
6.1. Do you think this Bill goes far enough in addressing the needs of people affected by domestic abuse?
6.2. What else could be included to strengthen support for victim-survivors, children and families?
- Concerns About Privacy, Policing or Human Rights
Some people may have concerns about how the notification requirements and monitoring of domestic abuse offenders could affect people's rights - for example, around privacy or data protection.
7.1. Do you have any concerns about the human rights or equality implications of the Bill?
7.2. Are there groups of people who might be affected in ways that should be carefully considered (e.g. racialised communities, disabled people, LGBTQ+ people)?
- Practical Considerations and Resources
Implementing the notification requirements and monitoring, rehabilitation programmes and school education would all require resources, training and support.
8.1. Do you have any views on the practical challenges or resource implications of this Bill?
8.2. Are there specific areas (e.g. rural policing, schools, the third sector) where support would be especially needed?
- Anything Else
9.1. Do you have any other comments or concerns about the proposals in this Bill that haven’t already been covered?