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Domestic Abuse (Scotland) Act 2018

Status:

This is the original version (as it was originally enacted).

  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. 2.Bail condition concerning precognition

          2. 3.Prohibition on conduct of own defence

          3. 4.(1) The 1995 Act is amended as follows.

          4. 5.(1) The Criminal Justice (Scotland) Act 2016 is amended as...

        3. CHAPTER 3 VULNERABLE WITNESSES AND EXPERT EVIDENCE

          1. 6.Special measures for vulnerable witnesses

          2. 7.Presentation of certain expert evidence

        4. CHAPTER 4 VICTIM SAFETY AND NON-HARASSMENT

          1. 8.Victim safety in relation to sentencing

          2. 9.Consideration of non-harassment order

      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 Government 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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