Search Legislation

Protection from Abuse (Scotland) Act 2001

 Help about what version

What Version

 Help about advanced features

Advanced Features

 Help about opening options

Opening Options

Changes over time for: Protection from Abuse (Scotland) Act 2001

 Help about opening options

Changes to legislation:

There are currently no known outstanding effects for the Protection from Abuse (Scotland) Act 2001. 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.

Legislation Crest

S

Protection from Abuse (Scotland) Act 2001

2001 asp 14

The Bill for this Act of the Scottish Parliament was passed by the Parliament on 4th October 2001 and received Royal Assent on 6th November 2001

An Act of the Scottish Parliament to enable a power of arrest to be attached to interdicts granted to protect individuals from abuse; to regulate the consequences of such attachment; and for connected purposes.

1 Attachment of power of arrest to interdictS

(1)A person who is applying for, or who has obtained, an interdict for the purpose of protection against abuse may apply to the court for a power of arrest to be attached to the interdict under this Act.

[F1(1A)In the case of an interdict which is—

(a)a matrimonial interdict (as defined by section 14(2) of the Matrimonial Homes (Family Protection) (Scotland) Act 1981 (c. 59)) which is ancillary to—

(i)an exclusion order within the meaning of section 4(1) of that Act; or

(ii)an interim order under section 4(6) of that Act; or

(b)a relevant interdict (as defined by section 113(2) of the Civil Partnership Act 2004 (c. 33)) which is ancillary to—

(i)an exclusion order within the meaning of section 104(1) of that Act; or

(ii)an interim order under section 104(6) of that Act,

the court must, on an application under subsection (1), attach a power of arrest to the interdict.]

(2)[F2In the case of any other interdict, ] the court must, on such application, attach a power of arrest to the interdict if satisfied that—

(a)the interdicted person has been given an opportunity to be heard by, or represented before, the court;

F3(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)attaching the power of arrest is necessary to protect the applicant from a risk of abuse in breach of the interdict.

(3)The court, on attaching a power of arrest, must specify a date of expiry for the power, being a date not later than three years after the date when the power is attached.

Textual Amendments

F2Words in s. 1(2) inserted (4.5.2006) by Family Law (Scotland) Act 2006 (asp 2), ss. 32(3), 46(2); S.S.I. 2006/212, art. 2 (with art. 4)

2 Duration, extension and recallS

(1)A power of arrest comes into effect only when it has been served on the interdicted person along with such documents as may be prescribed.

(2)A power of arrest ceases to have effect—

(a)on the date of expiry specified by the court;

(b)when it is recalled by the court; or

(c)when the interdict to which the power is attached is varied or recalled,

whichever is the earliest.

(3)The duration of a power of arrest must, on the application of the person who obtained it, be extended by the court, if satisfied that—

(a)the interdicted person has been given an opportunity to be heard by, or represented before, the court; and

(b)the extension is necessary to protect the applicant from a risk of abuse in breach of the interdict.

(4)The court, on extending the duration of a power of arrest, must specify a new date of expiry for the power, being a date not later than three years after the date when the extension is granted.

(5)Where the duration of a power of arrest has been extended—

(a)the extension comes into effect only when it has been served on the interdicted person along with such documents as may be prescribed; and

(b)subsection (2) applies as if the date referred to in paragraph (a) of that subsection were the new date of expiry specified by the court in granting the extension.

(6)Subsections (3), (4) and (5) apply to further extensions as they apply to an initial extension.

(7)A power of arrest must be recalled by the court if —

(a)the person who obtained it applies for recall; or

(b)the interdicted person applies for recall and the court is satisfied that—

(i)the person who obtained the power has been given an opportunity to be heard by, or represented before, the court; and

(ii)the power is no longer necessary to protect that person from a risk of abuse in breach of the interdict.

3 Notification to policeS

(1)As soon as possible after—

(a)a power of arrest has been served;

(b)an extension of the duration of a power of arrest has been served;

(c)a recall of a power of arrest has been granted; or

(d)the relevant interdict has been varied or recalled,

the person who has obtained such power, extension, variation or recall, or such other person as may be prescribed, must deliver such documents as may be prescribed to the chief constable of [F4the Police Service of Scotland.]

(2)In this section “relevant interdict” means the interdict to which the power of arrest is or was attached.

Textual Amendments

F4Words in s. 3(1) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 18; S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

4 Powers and duties of policeS

(1)Where a power of arrest attached to an interdict has effect a constable may arrest the interdicted person without warrant if the constable—

(a)has reasonable cause for suspecting that person of being in breach of the interdict; and

(b)considers that there would, if that person were not arrested, be a risk of abuse or further abuse by that person in breach of the interdict.

(2)A person who is arrested under subsection (1) must be F5... detained until—

F6(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)brought before a court under section 5.

F7(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)When a person has been arrested under this section the facts and circumstances giving rise to the arrest must be reported to the procurator fiscal as soon as is practicable.

5 Court appearanceS

(1)[F8Where a person is detained under section 4(2), the] person must wherever practicable be brought before the sheriff sitting as a court of summary criminal jurisdiction for the district in which the person was arrested not later than in the course of the first day after the arrest, such day not being a Saturday, a Sunday or a court holiday for that court.

(2)Nothing in subsection (1) prevents the detained person from being brought before the sheriff on a Saturday, a Sunday or a court holiday if the sheriff is sitting on such a day for the disposal of criminal business.

[F9(2A)Subsections (3) to (5) apply where, on being brought before the sheriff under this section, the detained person is not accused on petition or charged on complaint with an offence in respect of the facts and circumstances giving rise to the arrest.]

(3)When the detained person is brought before the sheriff under this section the procurator fiscal must present to the court a petition—

(a)giving particulars of the detained person;

(b)stating the facts and circumstances which gave rise to the arrest;

(c)giving any information known to the procurator fiscal about the circumstances which gave rise to the interdict and the attachment of the power of arrest;

(d)giving any other information known to the procurator fiscal and relevant to an assessment of the risk of abuse or further abuse in breach of the interdict; and

(e)requesting the court to consider whether, on the information presented, a further period of detention is justified.

(4)If it appears to the sheriff, after affording the detained person the opportunity to make representations, that—

(a)the information presented to the court discloses a prima facie breach of the interdict by that person; and

(b)there would, if further detention were not ordered, be a substantial risk of abuse or further abuse by that person in breach of the interdict,

the sheriff may order that person to be detained for a further period not exceeding 2 days.

(5)If the sheriff does not order further detention the detained person must, unless in custody in respect of any other matter, be released from custody.

F106 Amendment of the Matrimonial Homes (Family Protection) (Scotland) Act 1981S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7 InterpretationS

In this Act, unless the context otherwise requires—

  • abuse” includes violence, harassment, threatening conduct, and any other conduct giving rise, or likely to give rise, to physical or mental injury, fear, alarm or distress;

  • conduct” includes—

    (a)

    speech; and

    (b)

    presence in a specified place or area;

  • court” means the Court of Session or a sheriff;

  • documents” includes documents in electronic form;

  • interdict” includes interim interdict;

  • interdicted person” means—

    (a)

    in section 1, the person against whom the power of arrest is sought (being the person or one of the persons prohibited by the interdict mentioned in subsection (1) of that section); and

    (b)

    in sections 2 and 4, the person against whom the power of arrest has been granted;

  • parental responsibilities and rights” has the same meaning as in the Children (Scotland) Act 1995 (c.36);

  • person” means natural person;

  • power of arrest” means a power of arrest under this Act; and

  • prescribed” means prescribed by rules of court.

8 Short title and commencementS

(1)This Act may be cited as the Protection from Abuse (Scotland) Act 2001.

(2)This Act comes into force at the end of the period of three months beginning with the date of Royal Assent.

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 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.

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

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

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