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Domestic Abuse (Scotland) Act 2011

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2Breach of domestic abuse interdict with power of arrest

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(1)This section applies where—

(a)on or after the date on which this section comes into force, an interdict is granted against a person,

(b)a determination has been made under section 3(1) that the interdict is a domestic abuse interdict,

(c)that determination is in effect,

(d)a power of arrest is attached to the interdict under section 1(1A) or (2) of the Protection from Abuse (Scotland) Act 2001 (asp 14), and

(e)that power of arrest is in effect.

(2)A person who breaches an interdict to which this section applies is guilty of an offence.

(3)A person guilty of an offence under subsection (2) is liable––

(a)on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum or to both,

(b)on conviction on indictment, to imprisonment for a term not exceeding 5 years or to a fine or to both.

(4)Following conviction, a breach of an interdict to which this section applies is not punishable other than in accordance with subsection (3).

(5)Where a person is convicted of an offence under this section in respect of any conduct, that conduct is not punishable as a contempt of court.

(6)A person cannot be convicted of an offence under this section in respect of any conduct which has been punished as a contempt of court.

(7)In this section and section 3, “interdict” includes interim interdict.

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