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New law in Scotland must not undermine domestic abuse definitions, MSPs warn

NEW Scottish legislation on domestic abuse must align with existing law or risk undermining its commonly understood definition, a Holyrood committee has warned.

The cross-party criminal justice committee is considering the Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Bill.

Should the Bill become law, it would require reviews to take place following the death of a person where abuse by their partner or a former partner is known or suspected, a process campaigners argue could be “life-changing” for those affected. 

Acknowledging Crown Office concerns that the legislation’s wide definition of abuse may “dilute” its effectiveness, the committee nonetheless noted that “a broader definition will create wider opportunities for learning.”

But it added: “It is important that the approach taken in this Bill does not undermine the existing definition in the 2018 Act.”

SNP Justice Secretary Angela Constance said: “I welcome the committee’s agreement on the general principles of the Bill and its support for a robust new review process to take place following known or suspected domestic homicide or suicide.

“We will work with the committee and stakeholders to provide any assurances required around this definition.”

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