Domestic Abuse (Scotland) Act 2018 (asp 5)

Part 1 Offence as to domestic abuse

Presumption, alternative and penalty

7 Presumption 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.