SCHEDULEMODIFICATION OF ENACTMENTS
PART 2MINOR AND CONSEQUENTIAL AMENDMENTS
I111
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(aggravation of offence where abuse of partner or ex-partner), in subsection (6)(b), the words “or civil partners” are repealed.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.