SCHEDULEMODIFICATION OF ENACTMENTS

PART 2MINOR AND CONSEQUENTIAL AMENDMENTS

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1

The Abusive Behaviour and Sexual Harm (Scotland) Act 2016 is amended as follows.

2

In section 1 (aggravation of offence where abuse of partner or ex-partner), in subsection (6)(b), the words “or civil partners” are repealed.

3

After section 1 there is inserted—

1APresumption as to the relationship

1

In proceedings for an offence that is aggravated as described in section 1(1)(a), the matter of a person being another person'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 1995 Act.