Search Legislation

Domestic Abuse (Scotland) Act 2018

What Version

 Help about what version

Advanced Features

 Help about advanced features

Status:

This version of this cross heading contains provisions that are prospective. Help about Status

Close

Status

The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:

  1. where the provision (Part, Chapter or section) has never come into force or;
  2. where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.

Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.

Changes to legislation:

There are currently no known outstanding effects for the Domestic Abuse (Scotland) Act 2018, Cross Heading: Evidence, aggravation and defence. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Prospective

Evidence, aggravation and defenceS

4Evidence of impact on victimS

(1)The commission of an offence under section 1(1) does not depend on the course of behaviour actually causing B to suffer harm of the sort mentioned in section 1(2).

(2)The operation of section 2(2)(b) does not depend on behaviour directed at someone actually having on B any of the relevant effects set out in section 2(3).

(3)Nothing done by or mentioned in subsection (1) or (2) prevents evidence from being led in proceedings for an offence under section 1(1) about (as the case may be)—

(a)harm actually suffered by B as a result of the course of behaviour, or

(b)effects actually had on B of behaviour directed at someone.

5Aggravation in relation to a childS

(1)This subsection applies where it is, in proceedings for an offence under section 1(1)—

(a)specified in the complaint or libelled in the indictment that the offence is aggravated by reason of involving a child, and

(b)proved that the offence is so aggravated.

(2)The offence is so aggravated if, at any time in the commission of the offence—

(a)A directs behaviour at a child, or

(b)A makes use of a child in directing behaviour at B.

(3)The offence is so aggravated if a child sees or hears, or is present during, an incident of behaviour that A directs at B as part of the course of behaviour.

(4)The offence is so aggravated if a reasonable person would consider the course of behaviour, or an incident of A's behaviour that forms part of the course of behaviour, to be likely to adversely affect a child usually residing with A or B (or both).

(5)For it to be proved that the offence is so aggravated, there does not need to be evidence that a child—

(a)has ever had any—

(i)awareness of A's behaviour, or

(ii)understanding of the nature of A's behaviour, or

(b)has ever been adversely affected by A's behaviour.

(6)Evidence from a single source is sufficient to prove that the offence is so aggravated.

(7)Where subsection (1) applies, the court must—

(a)state on conviction that the offence is so aggravated,

(b)record the conviction in a way that shows that the offence is so aggravated,

(c)take the aggravation into account in determining the appropriate sentence, and

(d)state—

(i)where the sentence imposed in respect of the offence is different from that which the court would have imposed if the offence were not so aggravated, the extent of and the reasons for that difference, or

(ii)otherwise, the reasons for there being no such difference.

(8)Each of subsections (2) to (4) operates separately along with subsection (5), but subsections (2) to (4) may be used in combination along with subsection (5).

(9)Nothing in subsections (2) to (5) prevents evidence from being led about—

(a)a child's observations of, or feelings as to, A's behaviour, or

(b)a child's situation so far as arising because of A's behaviour.

(10)In subsections (4) and (5), the references to adversely affecting a child include causing the child to suffer fear, alarm or distress.

(11)In this section, the references to a child are to a person who—

(a)is not A or B, and

(b)is under 18 years of age.

6Defence on grounds of reasonablenessS

(1)In proceedings for an offence under section 1(1), it is a defence for A to show that the course of behaviour was reasonable in the particular circumstances.

(2)That is to be regarded as shown if—

(a)evidence adduced is enough to raise an issue as to whether the course of behaviour is as described in subsection (1), and

(b)the prosecution does not prove beyond reasonable doubt that the course of behaviour is not as described in subsection (1).

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

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

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources