http://www.legislation.gov.uk/asp/2001/14/bodyProtection from Abuse (Scotland) Act 2001An 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.2001-11-19texttext/xmlenStatute Law Database2018-03-08Expert Participation2018-01-25 11A 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.1AIn the case of an interdict which is—aa matrimonial interdict (as defined by section 14(2) of the Matrimonial Homes (Family Protection) (Scotland) Act 1981 (c. 59)) which is ancillary to—ian exclusion order within the meaning of section 4(1) of that Act; oriian interim order under section 4(6) of that Act; orba relevant interdict (as defined by section 113(2) of the Civil Partnership Act 2004 (c. 33)) which is ancillary to—ian exclusion order within the meaning of section 104(1) of that Act; oriian 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.2In the case of any other interdict, the court must, on such application, attach a power of arrest to the interdict if satisfied that—athe interdicted person has been given an opportunity to be heard by, or represented before, the court;b. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .cattaching the power of arrest is necessary to protect the applicant from a risk of abuse in breach of the interdict.3The 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.21A power of arrest comes into effect only when it has been served on the interdicted person along with such documents as may be prescribed.2A power of arrest ceases to have effect—aon the date of expiry specified by the court;bwhen it is recalled by the court; orcwhen the interdict to which the power is attached is varied or recalled,whichever is the earliest.3The duration of a power of arrest must, on the application of the person who obtained it, be extended by the court, if satisfied that—athe interdicted person has been given an opportunity to be heard by, or represented before, the court; andbthe extension is necessary to protect the applicant from a risk of abuse in breach of the interdict.4The 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.5Where the duration of a power of arrest has been extended—athe extension comes into effect only when it has been served on the interdicted person along with such documents as may be prescribed; andbsubsection (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.6Subsections (3), (4) and (5) apply to further extensions as they apply to an initial extension.7A power of arrest must be recalled by the court if —athe person who obtained it applies for recall; orbthe interdicted person applies for recall and the court is satisfied that—ithe person who obtained the power has been given an opportunity to be heard by, or represented before, the court; andiithe power is no longer necessary to protect that person from a risk of abuse in breach of the interdict.31As soon as possible after—aa power of arrest has been served;ban extension of the duration of a power of arrest has been served;ca recall of a power of arrest has been granted; ordthe 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 the Police Service of Scotland.2In this section “relevant interdict” means the interdict to which the power of arrest is or was attached.41Where a power of arrest attached to an interdict has effect a constable may arrest the interdicted person without warrant if the constable—ahas reasonable cause for suspecting that person of being in breach of the interdict; andbconsiders 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.2A person who is arrested under subsection (1) must be ... detained until—a. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .bbrought before a court under section 5.3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6When 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.51 Where 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.2Nothing 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.2ASubsections (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.3When the detained person is brought before the sheriff under this section the procurator fiscal must present to the court a petition—agiving particulars of the detained person;bstating the facts and circumstances which gave rise to the arrest;cgiving any information known to the procurator fiscal about the circumstances which gave rise to the interdict and the attachment of the power of arrest;dgiving 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; anderequesting the court to consider whether, on the information presented, a further period of detention is justified.4If it appears to the sheriff, after affording the detained person the opportunity to make representations, that—athe information presented to the court discloses a prima facie breach of the interdict by that person; andbthere 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.5If the sheriff does not order further detention the detained person must, unless in custody in respect of any other matter, be released from custody.6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7In 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—speech; andpresence 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—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); andin 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.81This Act may be cited as the Protection from Abuse (Scotland) Act 2001.2This Act comes into force at the end of the period of three months beginning with the date of Royal Assent.S. 1(1A) inserted (4.5.2006) by Family Law (Scotland) Act 2006 (asp 2), ss. 32(2), 46(2); S.S.I. 2006/212, art. 2 (with art. 4)Words 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)S. 1(2)(b) repealed (4.5.2006) by Family Law (Scotland) Act 2006 (asp 2), s. 46(2), Sch. 3; S.S.I. 2006/212, art. 2S. 6 repealed (4.5.2006) by Family Law (Scotland) Act 2006 (asp 2), s. 46(2), Sch. 3; S.S.I. 2006/212, art. 2Words 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)Words in s. 4(2) omitted (25.1.2018) by virtue of The Criminal Justice (Scotland) Act 2016 (Modification of Part 1 and Ancillary Provision) Regulations 2017 (S.S.I. 2017/453), reg. 1, sch. para. 3(2)(a)(i)S. 4(2)(a) omitted (25.1.2018) by virtue of The Criminal Justice (Scotland) Act 2016 (Modification of Part 1 and Ancillary Provision) Regulations 2017 (S.S.I. 2017/453), reg. 1, sch. para. 3(2)(a)(ii)S. 4(3)-(5) repealed (25.1.2018) by The Criminal Justice (Scotland) Act 2016 (Modification of Part 1 and Ancillary Provision) Regulations 2017 (S.S.I. 2017/453), reg. 1, sch. para. 3(2)(b)S. 5(2A) inserted (25.1.2018) by The Criminal Justice (Scotland) Act 2016 (Modification of Part 1 and Ancillary Provision) Regulations 2017 (S.S.I. 2017/453), reg. 1, sch. para. 3(3)(b)Words in s. 5(1) substituted (25.1.2018) by The Criminal Justice (Scotland) Act 2016 (Modification of Part 1 and Ancillary Provision) Regulations 2017 (S.S.I. 2017/453), reg. 1, sch. para. 3(3)(a)