Domestic Abuse Law in Scotland

Erscheinungsjahr 2025
ISBN: 978-1-5265-2977-0
Verlag: Bloomsbury Publishing PLC

Buch, Englisch, 352 Seiten, Paperback, Format (B × H): 156 mm x 234 mm, Gewicht: 533 g

Domestic abuse can involve a range of behaviours. It often takes place behind closed doors. It can be conducted online; it can involve psychological, as well as, or instead of, physical abuse.

This book traces the development of the law as it applies to domestic abuse in the criminal courts in Scotland, culminating in the Domestic Abuse (Scotland) Act 2018 which created a new criminal offence of domestic abuse covering psychological, sexual, financial and physical behaviours.

This title provides clear guidance to practitioners and those working with domestic abuse about the criminal process; the background, the prosecutor's approach, arrest and bail, offences most associated with domestic abuse, vulnerable witnesses, evidential aspects and sentencing.

The book covers important legislation including:

- The Bail provisions of the Criminal Procedure (Scotland) Act 1995

- Abusive Behaviour and Sexual Harm (Scotland) Act 2016, s 2

- Domestic Abuse (Scotland) Act 2018

- Criminal Justice and Licensing (Scotland) Act 2010, ss 38 and 39 (abusive and threatening behaviour and stalking)

This is an essential guide to the way the criminal law of Scotland deals with domestic abuse.

Autoren/Hrsg.

Cubie, Andrew M

McConnell, Diana

Gilroy, Shona

Fachgebiete

• Sozialwissenschaften Soziologie | Soziale Arbeit Soziale Gruppen/Soziale Themen Kindesmissbrauch, Sexueller Missbrauch, Häusliche Gewalt
• Rechtswissenschaften Ausländisches Recht Common Law (UK, USA, Australien u.a.)

Inhaltsverzeichnis

Background
- Context/history
- Development
Prosecution approach and resources

- Protocols

- Diversions
- Victim Information and Advice (VIA)
Arrest
- Police bail
- Undertakings
Bail and Breach of bail

- Special conditions (HMA v Porch [2015] HCJAC 111 etc)
- Assist or equivalent service reports

- Variation
- Bail review
- Bail appeals
- Criminal Procedure (Scotland) Act 1995 ss 23-28
Offences

Statutory offences

- Abusive Behaviour and Sexual Harm (Scotland) Act 2016
- Communication Act 2003, s 127
- Criminal Justice and Licensing Scotland) Act 2010, ss 38 and 39
- Criminal Law (Consolidation) (Scotland) Act 1995 s 52

- Domestic Abuse (Scotland) Act 2018 s 1
- Sexual Offences (Scotland ) Act 2009

Common law offences

- Assault

- Breach of the Peace
- Malicious mischief
- Theft

- Threats under common law

Aggravations to the charge

Evidence

- Generally
- Establishing a course of conduct
- Corroboration
- Mutual corroboration (Moorov doctrine) including one complainer Moorov
Witnesses

- Vulnerable and Child witness legislation
- Special measures
- Practical issues with witnesses (Restriction of cross, failure to speak up)
- Rights of witness (WF v Scottish Ministers [2016] SLT 359 re specification of documents)
Sentencing and other disposals
- Sentencing considerations
- Victim Impact Statements
- Sentencing guidelines
- Non Harassment Orders (and breaches thereof)

Über Autor(innen)

Cubie, Andrew M
The Hon. Lord Cubie is a High Court Judge. He was previously a Sheriff of Glasgow and Strathkelvin and Deputy Director of the Judicial Institute for Scotland. He has recently been appointed to the Sheriff Appeal Court.

Andrew M Cubie was a Sheriff of Glasgow and Strathkelvin, a member of the Sheriff Appeal Court and a Temporary Judge before appointment as a Senator of the College of Justice in June 2024.

Shona Gilroy was a career prosecutor, which included responsibility for COPFS policy regarding domestic abuse, sexual offences and victims' policy. She was appointed as a Summary Sheriff of Glasgow and Strathkelvin in 2017 and as a Sheriff in 2022.

Diana McConnell was a prosecutor with COPFS. She has an MSc in Criminal Justice and was a tutor and lecturer in the postgraduate diploma in Legal Practice. She was appointed as a Summary Sheriff in 2016, being appointed to Glasgow and Strathkelvin in 2017.

All three have sat in the Domestic Abuse Court in Glasgow Sheriff Court.