Domestic Abuse (Scotland) Act 2018 (asp 5)

Part 1 Offence as to domestic abuse

Presumption, alternative and penalty

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.