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Domestic Abuse (Scotland) Act 2018

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  1. Introductory Text

  2. Part 1 Offence as to domestic abuse

    1. Engaging in course of abusive behaviour

      1. 1.Abusive behaviour towards partner or ex-partner

      2. 2.What constitutes abusive behaviour

      3. 3.Extra-territorial jurisdiction

    2. Evidence, aggravation and defence

      1. 4.Evidence of impact on victim

      2. 5.Aggravation in relation to a child

      3. 6.Defence on grounds of reasonableness

    3. Presumption, alternative and penalty

      1. 7.Presumption as to the relationship

      2. 8.Alternative available for conviction

      3. 9.Penalty for offence under section 1(1)

    4. Meaning given to key expressions

      1. 10.Meaning of references to behaviour

      2. 11.Meaning of partner and ex-partner

  3. Part 2 Further and final matters

    1. Schedule, regulations and reporting

      1. 12.The 1995 Act etc.

      2. 13.Ancillary provision

      3. 14.Reporting requirement

    2. Commencement and short title

      1. 15.Commencement

      2. 16.Short title

    1. SCHEDULE

      MODIFICATION OF ENACTMENTS

      1. PART 1 RULES OF CRIMINAL PROCEDURE

        1. CHAPTER 1 RESTRICTION ON BAIL IN SOLEMN CASES

          1. 1.(1) The 1995 Act is amended as follows.

        2. CHAPTER 2 CONDUCT OF PRECOGNITION AND DEFENCE

          1. Bail condition concerning precognition

            1. 2.(1) The 1995 Act is amended as follows.

          2. Prohibition on conduct of own defence

            1. 3.(1) The Legal Aid (Scotland) Act 1986 is amended as...

            2. 4.(1) The 1995 Act is amended as follows.

            3. 5.(1) The Criminal Justice (Scotland) Act 2016 is amended as...

        3. CHAPTER 3 VULNERABLE WITNESSES AND EXPERT EVIDENCE

          1. Special measures for vulnerable witnesses

            1. 6.(1) The 1995 Act is amended as follows.

          2. Presentation of certain expert evidence

            1. 7.(1) The 1995 Act is amended as follows.

        4. CHAPTER 4 VICTIM SAFETY AND NON-HARASSMENT

          1. Victim safety in relation to sentencing

            1. 8.(1) The 1995 Act is amended as follows.

          2. Consideration of non-harassment order

            1. 9.(1) The 1995 Act is amended as follows.

      2. PART 2 MINOR AND CONSEQUENTIAL AMENDMENTS

        1. 10.(1) The 1995 Act is amended as follows.

        2. 11.(1) The Abusive Behaviour and Sexual Harm (Scotland) Act 2016...

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Explanatory Notes

Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills

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