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September 7, 2015 By Marketing

Domestic abuse is being taken seriously in Scotland – advice for victims

We discuss the Scottish Government’s confirmation that it will introduce a new, specific offence of domestic abuse and strengthen the law against domestic abuse.


broken heartReports of domestic abuse are increasing. In Scotland in 2013/14 the Crown reported that there had been a 35% increase of crimes with a domestic aggravation reported to them since the previous year. This reflects 36,552 cases crossing the desk of the Procurator Fiscal where domestic abuse is recorded. Over 80% of the complainers are female but the statistics also show that the number of male complainers is increasing.

The Scottish Government has confirmed that it will introduce a new, specific offence of domestic abuse and strengthen the law against domestic abuse through the Abusive Behaviour and Sexual Offences Bill.

Currently there are several criminal offences which cover domestic abuse:

  • common law breach of the peace;
  • statutory breach of the peace involving abusive or threatening behaviour;
  • common law assault; and
  • various offences under the Sexual Offences (Scotland) Act 2008 from rape to indecent assault.

For a complaint to be categorised as a complaint of domestic abuse, you do not need to be co-habiting or have been co-habiting in the past. You simply have to have been, or be, in a relationship.

The Scottish Government consultation on the offence of ‘domestic abuse’ looked at the inclusion of psychological abuse and controlling and coercive behaviour as a criminal offence. If this is introduced in Scotland it will extend the definition of criminal behaviour and seek to address situation where the cumulative effect of incidents can be dealt with by the courts. Legislation introducing a similar offence is about to be brought into force in England and Wales.

The new offence of ‘domestic abuse’ is likely to extend the category of case that can be dealt with by the criminal justice system. In this blog we want to provide anyone who is the victim of domestic abuse with some practical advice about what will happen when a complaint of domestic abuse is made to the police.

Practical Advice on what to expect when you report domestic abuse to the police

It is likely that if you make an allegation your partner or ex-partner will be spoken to by the police and if charged with a criminal offence, they are likely to be kept in custody until the next court day. If the procurator fiscal decides to prosecute, then your partner or ex-partner will appear from custody. If the charges are very serious, the procurator fiscal may ask that they are kept in custody pending a trial. More commonly, the procurator fiscal will ask for special conditions of bail to be fixed. If you are still co-habiting then your partner or ex-partner will have to find a new place to live and there is likely to be a condition that they do not approach you or attempt to contact you in any way. These conditions are likely to remain in force until a trial takes place which is likely to be some months in the future.

You will be notified about the trial date and cited as witness. You may be contacted by various agencies to offer you assistance including Women’s Aid, the local police domestic abuse team and the Victim Information and Advice service offered by the Crown. They will advise you what to expect going forward and can help to ensure your family’s ongoing safety. In general you can expect a much more joined up approach being taken to domestic abuse, and every allegation is treated seriously, in contrast to the way that some domestic abuse allegations were dealt with in the past.

You should note, it is the procurator fiscal who decides whether or not to bring a prosecution and therefore once that decision has been made, your complaint cannot be withdrawn i.e. you cannot ‘drop the charges’. The procurator fiscal will explain that the prosecution will proceed in the public interest. If you are cited as a witness and do not attend the trial without good reason, the procurator fiscal is entitled to seek a warrant for your arrest. The trial will be postponed and you may find yourself being arrested by the police and appearing in court. It is important that you attend court if cited.

Following an allegation of domestic abuse, the police should provide you with information about the support available from different agencies. If you have children the police are likely to make a referral to the social work department. The social work department will look into your case and decide whether your children are in need of their support or protection. Your children may also be referred to the Children’s Reporter.

This blog does not seek to discourage anyone from reporting domestic abuse and ensuring their own safety and that of their family. This is factual information about what to expect. BTO’s criminal lawyers are here to assist and to provide advice and assistance about the criminal justice system.

More to Read

For-those-accused-of-domestic-abuseDomestic abuse is to be reformed in Scotland – what happens if you find a false allegation being made against you? broken heartChanging Attitudes to Domestic Abuse Comment on Rotherham Child Abuse Scandal

Filed Under: Children and Family, Separation and Divorce Tagged With: Abusive Behaviour and Sexual Offences Bill, domestic abuse, Domestic violence

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They explained everything to me very clearly and we looked at every permutation and possible outcome and risk assessed everything.

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Debbie, could I take this opportunity to thank you for the efficient and smooth service you have provided, and particularly, in our first meeting when you listened to my concerns and really helped explain things and put my mind at ease.

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Marjory, forever I will be grateful and thankful to you for all the hard work you did for me and my family. Thank you very much again and again. I am so very blessed in life that I found a lovely understanding person like you. Not many lawyers would say go and have a cup… Read more “Forever I will be grateful…”

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My dear legal team! I have been writing this letter of thanks in my head since about two months ago, and didn’t know it would take a bit longer than expected to actually be able to express my deep gratitude to you ALL for winning this tough and enduring process for me……I would like to… Read more “I would like to thank my exceptional Scottish team”

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Outstanding job…

Marjory… you are doing an outstanding job… Thanks again for your support and expertise in helping me navigate through this horrible situation. I really appreciate it.

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Beverley thanks for all your assistance with everything. It’s much appreciated and rest assured should I ever need an excellent lawyer in the future you will be the first to be called.

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Wonderful job

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I certainly feel like a weight has been lifted off my shoulders

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Highly professional and excellent services

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Your advice has been incredibly helpful

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Always appreciated being able to rely fully on you and the team

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I came out of your offices feeling great!

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All starting to come together…

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Thank you for your professionalism and talent

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I will definitely recommend you…

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From our first meeting, I felt confident…

Hi Debbie, I wanted to take this opportunity to pass on my gratitude to you for getting me through this. From our first meeting, I felt confident and assured to be in your safe hands and that never changed during the last 18 months. Whilst it is a great relief to have this finished I… Read more “From our first meeting, I felt confident…”

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Guiding me through a difficult time

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Very approachable manner

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I have come out of the process a much stronger person

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I am eternally grateful

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Email
familylaw@bto.co.uk

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We are award winning family and divorce lawyers based in Edinburgh and Glasgow and covering the whole of Scotland, including cross border issues, specialising in divorce and all aspects of child and family law. Learn More

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