Extended domestic abuse law to come into force in April

The Domestic Abuse (Scotland) Act 2018 will come into force on 1 April 2019, ministers announced today.

The Act creates a new offence of domestic abuse which explicitly covers psychological as well as physical harm, and coercive and controlling behaviour. It will make it possible to prosecute a course of abuse as a single offence, allowing courts to consider the whole circumstances of an abuser's controlling behaviour and sentence perpetrators accordingly. Some solicitors however have questioned how the new offence will be proved in court, and questions remain over whether the offence has been sufficiently clearly defined.

A consultation has also been launched, seeking the public’s views on the creation of protective orders to give the police and courts new powers to bar an individual from a home that they share with a person at risk of domestic abuse and prohibit them from contacting that person.

Views are also sought on whether changes are needed to existing provisions on exclusion orders, which suspend the right of a married person, civil partner or cohabitee to live in the family home.

In contrast with existing civil measures such as non-harassment orders and exclusion orders, the approach proposed in the consultation would not require the person at risk to make the application for a protection order to the court themselves. It is stated that this may be key to ensuring the safety of a person at risk, especially where the effect of abuse, particularly coercive control, is such that that they are not in a position to initiate civil proceedings against the person putting them at risk.

Justice Secretary Humza Yousaf commented: “Domestic abuse can shatter lives and rob victims of their confidence, self-esteem and even their home. The new measures which come into force in April can make a real and important difference to people who experience these crimes and will make it absolutely clear that this behaviour is wrong and can be prosecuted.

“We know that domestic abuse is a significant cause of homelessness and that is why we are consulting on the creation of new protective orders to safeguard those at risk. We are particularly interested in hearing people’s views on how these orders can best be implemented.”

Click here to access the consultation. The deadline for responses is 29 March 2019.