Domestic Abuse (Scotland) Act 2018

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.

8 Alternative available for conviction

(1) In proceedings for an offence under section 1(1), A may be convicted of an alternative offence if the facts proved against A—

(a) do not amount to the offence under section 1(1), but

(b) do amount to the alternative offence.

(2) An alternative offence as referred to in subsection (1) is one or other of these—

(a) an offence under section 38(1) (threatening or abusive behaviour) of the Criminal Justice and Licensing (Scotland) Act 2010,

(b) an offence under section 39 (offence of stalking) of that Act.

9 Penalty for offence under section 1(1)

A person who commits an offence under section 1(1) is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both),

(b) on conviction on indictment, to imprisonment for a term not exceeding 14 years or a fine (or both).