Full Description
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.
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)
