System failing domestic abuse victims - report

Scotland's prosecution service is failing victims when preparing and prosecuting domestic abuse cases, according to a new report.

The report, by HM Inspectorate of Prosecution in Scotland (IPS) concludes better communication with survivors is needed and recommends more "victim-centred approach".

A review of 60 domestic abuse prosecutions assessed communication with 80% of victims to be unsatisfactory.

The Crown Office has accepted the report's recommendations and said it "profoundly regrets" that it has not always got communication with victims right.

The report said an attitude of "hope for the best" was common and warned prosecutors were "worried they were providing poor service" to survivors.

HM chief inspector of prosecution in Scotland, Laura Paton, said: "The picture that emerges is of a service committed in principle to tackling domestic abuse but which is struggling to put this commitment into practice in every case.

"Many of our recommendations relate to matters that are already required by policy or processes, but are not yet being delivered. The justice system can seem complex and opaque to those not familiar with it.

"Poor communication risks victims becoming unsupportive of the prosecution and losing confidence in the justice system overall."

Inspectors spoke to 23 victims, as well as more than 50 domestic abuse workers and more than 60 Crown Office and Procurator Fiscal service (COPFS) staff including prosecutors, senior leaders and administration staff working for the Victim Information and Advice service.

Inspectors found the current model for preparing domestic abuse cases at summary level involved cases passing from multiple prosecutors.

This led to a "lack of ownership" which, combined with a lack of preparation, resulted in many domestic abuse cases not being prepared as well as they ought to have been.

Some cases were discontinued at a late stage, the report said.

Liz found the court process an ordeal

The report was welcomed by victims who spoke to BBC Scotland News.

Liz suffered years of domestic abuse from her ex partner, Christopher Forrest, who later admitted assaulting her and endangering her life.

However the court process proved traumatic for Liz, who said she found it "astounding" that three other charges for assault and endangering her life were dropped.

She said: "Nobody spoke to me throughout the process about what could happen, would I like a say within that [decision].

"He got an easy way out."

Another victim of abuse, Lauren Hardy, told Good Morning Scotland that a "lot of improvement" was needed from the prosecution service.

She added: "It took 14 months to call at court and when it finally did, it was me that was constantly phoning to try and chase up the outcome and what the punishment was.

"There was no contact towards me at any stage."

Ms Hardy said the experience had left her with "extra stress" and "elongated her trauma", while she was not offered counselling.

'Profound regret'

Ms Paton added: "In too many cases we reviewed, a lack of ownership and a failure to address issues promptly during case preparation led to delayed or poor outcomes.

"In some cases it was known that the victim may not support a prosecution, yet no proactive steps were taken to address this, such as providing additional support or reassurance.

"It sometimes appeared the approach was one of hoping for the best, without steps taken to achieve a positive outcome."

The review found that Glasgow and Dundee had the best regional working practices but still faced problems.

A dedicated domestic abuse court operates in Glasgow, which was found to have "consistently better" working practice than elsewhere, while Dundee - one of three areas in Scotland to introduce a summary case management pilot which aims to cut the number of cases set down for trial unnecessarily - was also praised.

The report praised specialist prosecutors in Glasgow, saying it "provided an opportunity to develop expertise in managing domestic abuse cases".

It noted that fewer cases were being timetabled for the Glasgow domestic abuse court, which allowed preparation time, including time to meet victims.

In Dundee, inspectors heard the submission of key evidence by the police at an earlier stage helped prosecutors and could lead to pleas being entered earlier.

Scotland’s Lord Advocate Dorothy Bain KC said the report showed the organisation must “do more to secure the trust” of victims.

She said: “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 be let down.

“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,” she added.

Dr Emma Forbes, Procurator Fiscal for Domestic Abuse, said COPFS was committed to making changes in 2024 including prioritising the provision of training.