Domestic Abuse Law in Scotland
Domestic Abuse Law in Scotland
For information on how we process your data, read our Privacy Policy
Description
Domestic abuse can involve a range of behaviours. It often takes place behind closed doors. It can be conducted online; it can involve psychological, as well as, or instead of, physical abuse.
This book traces the development of the law as it applies to domestic abuse in the criminal courts in Scotland, culminating in the Domestic Abuse (Scotland) Act 2018 which created a new criminal offence of domestic abuse covering psychological, sexual, financial and physical behaviours.
This title provides clear guidance to practitioners and those working with domestic abuse about the criminal process; the background, the prosecutor's approach, arrest and bail, offences most associated with domestic abuse, vulnerable witnesses, evidential aspects and sentencing.
The book covers important legislation including:
- The Bail provisions of the Criminal Procedure (Scotland) Act 1995
- Abusive Behaviour and Sexual Harm (Scotland) Act 2016, s 2
- Domestic Abuse (Scotland) Act 2018
- Criminal Justice and Licensing (Scotland) Act 2010, ss 38 and 39 (abusive and threatening behaviour and stalking)
This is an essential guide to the way the criminal law of Scotland deals with domestic abuse.
This title is included in Bloomsbury Professional's Scottish Law Service and the Criminal Law Module of Scots Law Online.
Accessibility Information
Additional accessibility information
- Conforms with the requirements of EPUB Accessibility Spec v1.1
- WCAG level AA
- WCAG v2.2 compliant
- Accessibility request contact
Support for non-visual reading
- No accessibility features offered by the reading system, device or reading software are disabled or otherwise unusable with the product
- Has alternative text descriptions for images
Visual adjustments
Appearance of the text and page layout can be modified (font, spacing, colors)
Navigation
- Page list to go to pages from the print source version
- Elements such as headings, tables, etc for structured navigation
- All or substantially all textual matter is arranged in a single logical reading order
- Content is enhanced with ARIA roles to optimize organization and facilitate navigation
- Purposes of all links are made clear
Rich content
Language tagging provided
Table of Contents
- Context/history
- Development
Prosecution approach and resources
- Protocols
- Diversions
- Victim Information and Advice (VIA)
Arrest
- Police bail
- Undertakings
Bail and Breach of bail
- Special conditions (HMA v Porch [2015] HCJAC 111 etc)
- Assist or equivalent service reports
- Variation
- Bail review
- Bail appeals
- Criminal Procedure (Scotland) Act 1995 ss 23-28
Offences
Statutory offences
- Abusive Behaviour and Sexual Harm (Scotland) Act 2016
- Communication Act 2003, s 127
- Criminal Justice and Licensing Scotland) Act 2010, ss 38 and 39
- Criminal Law (Consolidation) (Scotland) Act 1995 s 52
- Domestic Abuse (Scotland) Act 2018 s 1
- Sexual Offences (Scotland ) Act 2009
Common law offences
- Assault
- Breach of the Peace
- Malicious mischief
- Theft
- Threats under common law
Aggravations to the charge
Evidence
- Generally
- Establishing a course of conduct
- Corroboration
- Mutual corroboration (Moorov doctrine) including one complainer Moorov
Witnesses
- Vulnerable and Child witness legislation
- Special measures
- Practical issues with witnesses (Restriction of cross, failure to speak up)
- Rights of witness (WF v Scottish Ministers [2016] SLT 359 re specification of documents)
Sentencing and other disposals
- Sentencing considerations
- Victim Impact Statements
- Sentencing guidelines
- Non Harassment Orders (and breaches thereof)
Product details
| Published | 29 Jan 2026 |
|---|---|
| Format | Ebook (Epub & Mobi) |
| Edition | 1st |
| Pages | 352 |
| ISBN | 9781526529787 |
| Imprint | Bloomsbury Professional |
| Publisher | Bloomsbury Publishing |
