Scottish Ministers have made the Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Act 2025 (Commencement No. 1 and Transitional Provision) Regulations 2026 (SSI 2026/85). Made on 12 February and laid before the Scottish Parliament on 16 February 2026, the instrument sets commencement dates of 26 February 2026 and 1 April 2026. ([]())
From 26 February 2026, sections 3, 9(1), (3) and (4), 13–16, 24, 25, 27 and 31(2) and (3), and the schedule, come into force. Section 9(1) is brought fully into force; section 15 only for appointing case review panel chairs; and sections 25 and 27 only to enable regulations under sections 25(7) and 27(10). ([]())
All remaining provisions in Part 2 of the 2025 Act (domestic homicide and suicide reviews) commence on 1 April 2026. Regulation 3 applies Part 2 prospectively to a “domestic abuse death” and a “connected death of a young person” occurring on or after that date, with definitions in section 12(3)–(5). Earlier deaths are not eligible. ([]())
The staged approach enables operational set‑up before April. Limited commencement on 26 February permits the appointment of case review panel chairs and confers powers to make the necessary secondary regulations. In parallel, the Scottish Government’s consultation on draft statutory guidance closed on 11 February 2026 and trailed a 1 April 2026 start. (consult.gov.scot)
The 2025 Act provides for a Review Oversight Committee and Case Review Panels to manage and undertake reviews. Parliamentary research emphasises comprehensive training for panel members and clear processes on reporting and information‑sharing; procurement notices show training is being commissioned to support rollout. (parliament.scot)
For local authorities, health boards, Police Scotland and the Crown Office and Procurator Fiscal Service, the practical implication is that deaths meeting the statutory definitions on or after 1 April 2026 should be considered for a review. Agencies will need referral routes and information‑sharing arrangements ready for day one. (parliament.scot)
Families should note that reviews under Part 2 are learning exercises. The legislation envisages cooperation duties and safeguards to avoid prejudice to criminal investigations or inquiries, alongside controls on identifying information in any published material. (parliament.scot)
The Regulations also record earlier commencements: Royal Assent was on 19 November 2025; Part 3 took effect on 20 November 2025; and sections 1, 2, 4, 8, 9(1) (insofar as relating to section 9(2)), 9(2) and 10 came into force on 1 December 2025. ([]())
Practitioners should monitor secondary legislation made under sections 25(7) and 27(10), publication of final statutory guidance, and announcements on the appointment of panel chairs between late February and March. These steps complete the preparatory phase ahead of 1 April. ([]())
Analysis: The clear prospective date and two‑stage commencement create a short but workable window to firm up governance, training and data handling. Given the scheme’s multi‑agency design, aligning with existing review regimes will matter as much as the new statutory duties.