Lesson 7.4 - Domestic Abuse, Police Powers Flashcards
What does the word “Entitled” refer to?
The registered owner. Their name is on the mortgage or rentbook
What does “Non-Entitled” refer to?
A spouse who is not officially recorded as being an owner or tenant of the property
In marriage what is the difference in “Entitled” and “Non-Entitled”?
Neither entitled or non entitled person can exclude the other from the home. However the Non-entitled person is at a disadvantage as they have no right of ownership or tenancy to the property
In regards to cohabiting couples where only one is the sole owner/tenant, who has occupancy rights?
The owner/tenant of the property has occupancy rights and may request the partner to leave at any time, no matter how long the relationship has lasted
What does Section 22 of the Rent (Scotland) Act 1984 make an offence to do?
Deprive a ‘residential occupier’ of premises of their occupation of the premises. This includes landlords harassing the tenants and extends to partners living together where both names are on the tenancy agreement
What can an interdict prohibit?
- Conduct of one partner towards the other
- Conduct of the abusive partner towards a child in the care of the other partner
- A spouse from entering or remaining in the matrimonial home or a specific vicinity of the matrimonial home
- The abusive partner entering or remaining in any home of the other partner (other than the family home)
- The abusive partner entering or remaining in the place of work of the other partner
- The abusive partner entering or remaining in the school attended by any child in the care of the other partner
Section 4 of the Protection from Abuse (Scotland) Act 2001 provides what?
Where a power of arrest exists, you may arrest the interdicted person without warrant if you:
- Have reasonable cause to suspect the person of being in breach of interdict, and
- Consider that there would be, if the person were not arrested, at risk of abuse or further abuse by that person in breach of interdict
What does an Exclusion order do?
Suspends one partner’s occupancy rights to the matrimonial/family home and usually come with a package of interdicts, including an interdict prohibiting the abusive partner from entering or remaining on the premises
How long does the non-applicant partner have before leaving the matrimonial/family home when served an exclusion order?
7 days notice
What are the Police powers in regards to a NHO?
Power of arrest as breach of a NHO whether obtained criminally or civilly, is an offence punishable by imprisonment
S39 of The Criminal Justice and Licencing (Scotland) Act 2010 provides that an offence is committed where a person engages in a course of conduct where either:
- The conduct is intended to cause fear or alarm, or;
- The person ought to have known the conduct, in all circumstances would cause fear or alarm (recklessness) and;
- It does in fact cause the victim to suffer fear or alarm
For the purposes of the offence, what does “conduct” mean?
- Following the victim or any other person
- Contacting or attempting to contact the victim or any other person by any means
- Publishing ay statement or other material relating or purporting to relate to the victim or to any other person or purporting to originate from the victim or from any other person
- Monitoring the use by the victim or by any8 other person of the internet, email or any other form of electronic communication
- Entering any premises (anywhere occupied by the victim)
- Loitering in any place (whether public or private)
- Interfering with any property in the possession of the victim or of any other person
- Giving anything to the victim or to any other person or leaving anything where it may be found by, given to or brought to the attention of the victim or any other person
- Watching or spying on the victim or any other person
- Acting in any other way that a reasonable person would expect would cause the victim to suffer fear or alarm
