The regulations will, in part, transpose into domestic law the terms of directive 2011/99/EU, which is part of a suite of measures that are designed to protect and support victims across the EU. As outlined in the policy note,
“The general objective of the Directive is to provide mutual recognition across the EU of criminal protection orders”,
for example, non-harassment orders. Practically, that means that protection measures that are issued in one EU country will have to be recognised across the entire EU. In that way, the protection will travel with the individual.
We have liaised closely with the United Kingdom Government throughout the development of our legislation in order to ensure a consistent approach, where possible. For example, in relation to incoming European protection orders—EPOs—Scottish courts will have the power to impose non-harassment orders and English courts will have the power to impose restraining orders, which are broadly equivalent.
Although the regulations will transpose most of the directive, there is also a requirement for court rules. We have therefore liaised closely with the Lord President’s office to discuss the likely requirements, and the Criminal Courts Rules Council is also considering the matter. Areas to be covered by court rules will include practical and administrative arrangements around the application process for an EPO, notifications and modifications of EPOs, and translation of forms. We expect an act of adjournal to be laid in Parliament shortly.
The regulations were laid initially in December 2014, when the question was asked whether the regulations as laid made adequate provision for the definition of “protective measure”. Obviously, that question could not be allowed to remain, so the regulations were withdrawn so that the matter could be resolved.
During reconsideration of the regulations a question arose as to the criminal penalty that could be applied using section 2(2) of the European Communities Act 1972. After due consideration, the regulations were, to ensure that they were within vires, amended to provide for a maximum penalty of two years’ imprisonment. The administrative and procedural aspects of the new EPO regime will fall, for the most part, to the Scottish Court Service, with which we therefore have worked closely to ensure that the relevant arrangements are in place prior to the new regime’s coming into force.
As the committee will appreciate, it is difficult to ascertain the likely volumes of incoming and outgoing EPOs, given that we are establishing a completely new process. However, we anticipate that the numbers will be low, and we do not foresee any significant financial implications of the regulations.
We will, however, continue to liaise closely with the Scottish Court Service and other key stakeholders to monitor the operation of EPOs once they are introduced, and to monitor any practical or financial impacts.
We have also written to victim support organisations, not only to advise them of the new regime, but to indicate that, as always, we will be open to comments about how the new system is working in practice in due course.
It goes without saying that the Scottish Government is fully committed to strengthening the rights and protections of victims. We believe that the regulations, along with the associated court rules, will enhance those rights and protections. Thank you.