Part 1Offence as to domestic abuse

Presumption, alternative and penalty

7Presumption as to the relationship

1

In proceedings for an offence under section 1(1), the matter of B being A’s partner or ex-partner is to be taken as established—

a

according to the stating of the matter in the charge of the offence in the complaint or indictment, and

b

unless the matter is challenged as provided for in subsection (2).

2

The matter is challenged—

a

in summary proceedings, by—

i

preliminary objection before the plea is recorded, or

ii

later objection as the court allows in special circumstances,

b

in proceedings on indictment, by giving notice of a preliminary objection in accordance with section 71(2) or 72(6)(b)(i) of the Criminal Procedure (Scotland) Act 1995.