Domestic Abuse (Scotland) Act 2018
2018 asp 5
The Structure and a Summary of the Act
Part 1 – Offence as to Domestic Abuse
Evidence, aggravation and defence
Section 6 - Defence on grounds of reasonableness
42.Section 6 provides that it is a defence to the offence at section 1 for the accused to show that the course of behaviour was, in the particular circumstances, reasonable. This may apply where, for example, the accused acted in order to protect the household finances where their partner is suffering from a gambling addiction, or to prevent their partner from associating with certain persons or frequenting certain places if they are recovering from alcohol or drug addiction, or to restrict the freedom of movement of a partner who is suffering from dementia.
43.Section 6(2) provides that the accused is subject to no more than an evidential burden of proof to bring forward enough evidence to raise an issue with respect to the defence; the legal burden of disproving the defence and proving that the offence has been committed stays with, the prosecution.
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- Nodiadau Esboniadol Tabl o’r Cynnwys
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