Avoidable domestic abuse deaths could be stopped with reform

She had experienced physical assault and threatening messages from her on-off boyfriend Angus Milligan, then 21.

Now the Scottish Government wants to introduce new law reforms which could help prevent future domestic homicides or suicides.

If passed by MSPs, the Criminal Justice Modernisation and Abuse Domestic Behaviour Reviews (Scotland) Bill would put in place a new robust review process following the death of a partner, ex-partner or child where abuse is known or suspected. The Milligan case caused controversy after he was given 180 hours of community service for the assault in 2017.

Justice Secretary Angela Constance said that while overall homicide rates in Scotland were falling, there were still a "significant number" of people killed by their partner or ex-partner, with the "vast majority" of those being women.

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Emily's mother Fiona Drouet, the founder and chief executive of EmilyTest, chaired a domestic abuse task group to help shape the proposals.

She said: “The introduction of domestic homicide and suicide reviews marks a critical step forward in Scotland. These reviews will help us better understand the warning signs so often missed before a tragedy. They will be crucial in helping to prevent so many avoidable deaths, whether by murder or suicide.

“I am privileged to have been invited to chair the Domestic Abuse Related Suicide Task and Finish Group under the Taskforce, helping to ensure that lessons are learned and precious lives are not lost. Through the support and expertise of my depute chair, Sarah Dangar, and the wider group, I am confident we will ensure meaningful lessons are learned.”

Emily had raised concerns with a resident support assistant at her university about her then partner.

It is hoped the legislation will ensure similar concerns are logged to prevent future deaths.

Kate Wallace, chief executive of Victim Support Scotland,

said the proposals “offers a unique opportunity for lessons to be learned from homicides and suicides within the context of domestic abuse in Scotland, so that we can help ensure these types of crimes can be prevented.

“We welcome the opportunity to bring forward legislation which will embed this entirely new approach for Scotland, and fully acknowledge the work and collective efforts required to address the unique issues inherent to this type of crime.

“We welcome these progressive measures, especially how victims will be considered within the legislation.”

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The Bill, which was introduced to Parliament this week, would also treat pictures of physical evidence in the same way as the original physical evidence in criminal cases.

It has been backed by those with direct experience of domestic abuse and families who have been bereaved because of such abuse.

The Justice Secretary said: “One death involving domestic abuse is one too many.

“While overall homicide rates are falling, there remains a significant number of victims who are killed by a partner or ex-partner, with the vast majority being women.

“Our plans for a new review process will ensure agencies across justice, health, social care, local government and the third sector are working together to identify what lessons can be learned following known or suspected domestic abuse deaths.”

Ms Constance added: “I hope that identifying what needs to improve will mean there are fewer deaths of this kind.

“Ultimately, however, the change we need to see will only happen when those who perpetrate domestic abuse – the majority of whom are men – change their actions and behaviour.”

The Bill also sets out modernise Scotland’s justice sector through greater use of digital technology, including using this for evidence-sharing.

It will make permanent a number of temporary measures put in place during the Covid pandemic, which allow for “virtual” attendance at criminal courts and electronic signing and sending of documents in criminal cases, as well as increasing the maximum level of fiscal fines that can be imposed.

Here, Ms Constance said the changes were “already delivering better outcomes” so it was “right that we look to make them permanent”.

To mark the publication of the Bill, an information board at a previously unmarked memorial cairn in Holyrood Park was installed by Historic Environment Scotland. 

It was built in memorial to domestic homicide victim Margaret Hall, who was murdered by her husband in 1720.