Dorothy Bain QC

Dorothy Bain QC made the commitment as new figures show the number of charges reported to the Crown Office and Procurator Fiscal Service (COPFS) related to domestic abuse last year was the highest since 2015-16.

There were 33,425 charges reported in 2020-21, an increase of 9% on the year before. The vast majority of those cases were prosecuted, with 92% proceeding to court.

The most common types of domestic abuse offences reported last year include threatening and abusive behaviour and assault. There were also 573 serious assault or attempted murder charges reported to the Crown, and 620 charges of rape or attempted rape.

The figures published yesterday cover the period of the first lockdown in March 2020 following the Covid-19 outbreak. While the number of charges reported initially remained relatively low, the figures peaked in June and July 2020, with over 3,300 charges per month.

The main findings are:

• There were 33,425 charges reported in 2020-21 which were identified as being related to domestic abuse. This is the highest number reported since 2015-16 and is 9% higher than the number reported in 2019-20.
• The vast majority of charges identified as being related to domestic abuse are prosecuted. An initial decision was made to proceed to court with 92% of charges in 2020-21, compared to 85% in 2013-14.
• The most common types of offences reported in 2020-21 and identified as domestic abuse were breach of the peace type offences (31%, includes threatening and abusive behaviour and stalking offences), common assault (25%) and crimes against public justice (22%, includes bail offences).
• The Domestic Abuse (Scotland) Act 2018 came into force on 1st April 2019, creating a new statutory offence of engaging in a course of behaviour which is abusive of a partner or ex-partner. In 2020-21, 1,581 charges were reported under this legislation, accounting for 4.7% of all domestic abuse charges reported. 95% of charges reported were prosecuted.
• In 2020-21, 1,045 stalking charges under section 39 of the Criminal Justice and Licensing (Scotland) Act 2010 were reported to COPFS. Of these, 592 (57%) were identified as domestic abuse.

Speaking following the publication, Ms Bain said: “While the last year has been a challenging one for all of us, for victims of domestic abuse the period of lockdown was particularly difficult and dangerous.

“All staff at the Crown Office and Procurator Fiscal Service have worked hard to protect victims during this time by continuing to prepare cases and prosecute offenders where possible.

“The impact of the pandemic on the justice system, particularly the ability to progress criminal trials, has been significant. We have been working with partners across the criminal justice system to respond to the challenges and we will continue to do so, with a focus on ensuring cases progress as efficiently as possible during the pandemic recovery.

“I understand the devastating impact these crimes can have on victims, and the compounding effect of delays and uncertainty. It takes courage and bravery for victims to come forward and report their experiences and I am committed to ensuring those who do are treated with dignity and respect, and are properly supported through the prosecution process.”

National procurator fiscal for domestic abuse Moira Price said: “COPFS takes a rigorous approach to crimes of domestic abuse and stalking, and we are committed to prosecuting these crimes effectively and fairly. This includes a presumption in favour of prosecution where there is sufficient evidence to support a criminal allegation.

“Prosecutors works closely with their counterparts in Police Scotland to ensure a joined-up approach of robust enforcement and prosecution.

“Staff at both organisations have undergone extensive training to recognise the range of offences, including coercive and controlling behaviours, that can be prosecuted as domestic abuse.

“I would encourage anyone who has been the victim of such offending to report this to police and seek support.”

Commenting on the COPFS report, Scottish Labour’s justice spokesperson Pauline McNeill said: “These distressing figures seem to confirm our worst fears about what lockdown would mean for many women.

“The Scottish Government need to take the lead on this and set out a real plan on how we can both prevent and prosecute domestic abuse.

“We need proper investment in women’s refuges and support services, and specialist domestic abuse courts must finally be rolled out across the country.

“It is beyond doubt that more needs to be done to ensure that victims get the protection and justice they deserve.”