Domestic Abuse (Scotland) Act 2018 Explanatory Notes

1. Introduction

2. The Act

3. The Structure and a Summary of the Act

   1. Part 1 – Offence as to Domestic Abuse

      1. Engaging in course of abusive behaviour

         1. Section 1 – Abusive behaviour towards partner or ex-partner

         2. Section 2 – What constitutes abusive behaviour

         3. Section 3 – Extra-territorial jurisdiction

      2. Evidence, aggravation and defence

         1. Section 4 – Evidence of impact on victim

         2. Section 5 - Aggravation in relation to a child

         3. Section 6 - Defence on grounds of reasonableness

      3. Presumption, alternative and penalty

         1. Section 7 - Presumption as to the relationship

         2. Section 8 - Alternative available for conviction

         3. Section 9 - Penalty for offence under section 1(1)

         4. Section 10 – Meaning of references to behaviour

         5. Section 11 – Meaning of partner and ex-partner

   2. Part 2 – Further and Final Matters

      1. Section 12 – The 1995 Act etc.

      2. The schedule – details

         1. Part 1 – rules of criminal procedure

            1. Chapter 1 – restriction on bail in solemn cases

            2. Chapter 2 - conduct of precognition and defence

               1. Bail condition concerning precognition

               2. Prohibition on conduct of own defence

            3. Chapter 3 – vulnerable witnesses and expert evidence

               1. Special measures for vulnerable witnesses

               2. Presentation of certain expert evidence

            4. Chapter 4 – victim safety and non-harassment

               1. Victim safety in relation to sentencing

               2. Consideration of non-harassment order

         2. Part 2 – minor and consequential amendments

      3. Section 13 – Ancillary provision

      4. Section 14 – Reporting requirement

      5. Section 15 – Commencement

4. Parliamentary History