Full Description
The Domestic Abuse (Scotland) Act 2018 created a new criminal offence of Domestic Abuse, covering a range of psychological, sexual, financial and physical abusive behaviours perpetrated against a partner or ex-partner.
This title provides criminal practitioners and all those working on domestic abuse cases with clear guidance on how to work within the new legislative framework. Following the 2108 Act, it examines the context and background to the new legislation and sets out chapters to follow the Act's structure.
The book also covers important case law and key legislation including:
· Abusive Behaviour and Sexual Harm (Scotland) Act 2016, s 2 (disclosure of intimate images)
· Communication Act 2003, s 127 (sending offensive or indecent material)
· Criminal Justice and Licensing (Scotland) Act 2010, ss 38 and 39 (abusive and threatening behaviour, stalking)
· Criminal Law (Consolidation) (Scotland) Act 1995, s 52 (vandalism)
· Sexual Offences (Scotland) Act 2009
Written by expert practitioners with extensive experience of working within the criminal justice system, this title is an essential guide to the Domestic Abuse (Scotland) Act 2018.
Contents
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)
