Lawyer slates domestic abuse approach of SNP

Lord Advocate makes no apology for tough stance

An “overzealous” approach to tackling domestic violence is having a “devastating” impact on families and clogging up the courts, a former prosecutor has warned.

The whistleblower, who has served Tayside and Fife as procurator fiscal, said innocent people are being caught up in the criminal system because officers and prosecutors have a lack of discretion within a “rigid and unrelenting approach” to allegations of abuse.

Prosecutions often proceed with “incredibly scant evidence”, the whistleblower claimed. In a letter to Scottish Legal News, they said: “It is no secret and certainly well known within legal and criminal justice circles that criminal cases involving a ‘domestic’ element are being subjected to an incredibly overzealous, intrusive and counter- productive approach led in policy partnership by the Scottish Government, Police Scotland and COPFS (Crown Office and Procurator Fiscal Service).”

The letter refers to people being detained by police on the back of neighbours overhearing loud voices. It added: “Nobody really seems to care about the devastating impact all of this can have on innocent people caught in the web of this policy.”

James Wolffe QC, the Lord Advocate, said he makes “no apology for taking a rigorous approach to domestic abuse”.

“This is a form of criminal behaviour which for far too long was not taken sufficiently seriously by the criminal justice system and which can cause significant and enduring harm to direct and indirect victims,” he added.

“Any suggestion that prosecutions will be initiated where there is insufficient evidence in law is inaccurate and represents a misunderstanding of the position.”

Chief Superintendent Barry McEwan said: “Officers undertake professional and diligent inquiries and apply their professional judgment and discretion in each and every case they deal with.”

A Scottish Government spokeswoman said: “Police Scotland and the Crown Office are to be commended for the robust and consistent approach taken when dealing with domestic abuse cases and the fact that more perpetrators of domestic abuse are being brought to justice and convicted should be welcomed.”