Abusive Behaviour and Sexual Harm (Scotland) Act 2016 Explanatory Notes

1. Introduction

2. Commentary on Parts

   1. Part 1 – Abusive Behaviour

      1. Abusive behaviour towards partner or ex-partner

         1. Section 1 – Aggravation of offence where abuse of partner or ex-partner

      2. Disclosure of an intimate photograph or film

         1. Section 2 – Disclosing, or threatening to disclose, an intimate photograph or film

         2. Section 3 – Interpretation of section 2

         3. Section 4 – Section 2: special provision in relation to providers of information society services

      3. Non-harassment orders

         1. Section 5 – Making of non-harassment orders in criminal cases

   2. Part 2 – Sexual Harm

      1. Chapter 1 – Jury directions relating to sexual offences

         1. Section 6 – Jury directions relating to sexual offences

      2. Chapter 2 – Sexual acts outside Scotland

         1. Section 7 – Incitement to commit certain sexual acts elsewhere in the United Kingdom

         2. Section 8 – Commission of certain sexual offences elsewhere in the United Kingdom

         3. Section 9 – Commission of certain sexual offences outside the United Kingdom

      3. Chapter 3 – Sexual harm prevention orders

         1. Meaning of sexual harm

            1. Section 10 – Meaning of sexual harm

         2. Circumstances where sexual harm prevention order may be made

            1. Section 11 – Making of order on dealing with person for offence

            2. Section 12 – Making of order against qualifying offender on application to sheriff

            3. Section 13 – Qualifying offender: conviction etc. in Scotland

            4. Section 14 – Qualifying offender: conviction etc. elsewhere in the United Kingdom

            5. Section 15 – Qualifying offender: conviction etc. outside United Kingdom

         3. What order does

            1. Section 16 – Content and duration of order

            2. Section 17 – Prohibitions on foreign travel

         4. Interaction with notification requirements

            1. Section 18 – Application of notification requirements where order made

            2. Section 19 – Cessation of order: relevant sexual offenders

         5. Variation, renewal and discharge

            1. Section 20 – Variation, renewal and discharge

         6. Interim orders

            1. Section 21 – Interim orders

         7. Appeals

            1. Section 22 – Appeals

         8. Requirement to serve order

            1. Section 23 – Requirement for clerk of court to serve order

         9. Enforcement

            1. Section 24 – Offence of breaching order

         10. Interpretation

             1. Section 25 – Interpretation of Chapter

      4. Chapter 4 – Sexual risk orders

         1. Meaning of harm

            1. Section 26 – Meaning of harm

         2. Making of order

            1. Section 27 – Making of order

         3. What order does

            1. Section 28 – Content and duration of order

            2. Section 29 – Prohibitions on foreign travel

         4. Variation, renewal and discharge

            1. Section 30 – Variation, renewal and discharge

         5. Interim orders

            1. Section 31 – Interim orders

         6. Appeals

            1. Section 32 – Appeals

         7. Requirement to serve order

            1. Section 33 – Requirement for clerk of court to serve order

         8. Enforcement

            1. Section 34 – Offence of breaching order

            2. Section 35 – Application of notification requirements on breach of order

         9. Interpretation

            1. Section 36 – Interpretation of Chapter

      5. Chapter 5 – Equivalent orders elsewhere in United Kingdom

         1. Section 37 – Breach of orders equivalent to orders in Chapters 3 and 4: offence

         2. Section 38 – Breach of certain equivalent orders: application of notification requirements

      6. Chapter 6 – Previous orders

         1. Section 39 – Repeals of provisions as to previous orders

         2. Section 40 – Saving and transitional provision

   3. Part 3 – General

      1. Section 41 – Interpretation

      2. Section 42 – Ancillary provision

      3. Section 43 – Minor and consequential modifications

      4. Section 44 – Crown application

      5. Section 45 – Commencement

3. Parliamentary History