Unit 6 Lesson 7: Domestic Abuse

Question 1

Explain Section 1 of the Domestic Abuse (Scotland) Act 2018.

Answer 1

Offence if all 3 of the following conditions are met;

1. They engage in a course of behaviour which is abusive of their partner or ex-partner and;
2. That a reasonable person would consider the course of behaviour would be likely to cause the victim physical or psychological harm; this includes fear, alarm and distress and;
3. That they intend the course of behaviour to cause the victim to suffer physical or psychological harm, or is reckless as to whether it causes harm.

Summary: Intended course of abusive behaviour (2 or more) that causes physical or psychological harm.

Question 2

What does Section 5 of the Domestic Abuse (Scotland) Act 2018 create?

Answer 2

An aggravation to a domestic abuse charge if the offence involves a child under 18.

Added if;
- behaviour is directed at a child
- child is made use of
- child sees, hears, or is present during incident
- likely to adversely affect the child.

(Only single source of evidence for aggravation and child does not need to be aware or understand)

Question 3

If no evidence of course of behaviour in relation to domestic abuse, what is an alternative action?

Answer 3

Charge with other offence with a domestic abuse aggravation. Eg. BoP/S.38

Question 4

Explain the three tiered approach to tackling domestic abuse.

Answer 4

Tier 1 - local policing, response

Tier 2 - domestic abuse investigation units

Tier 3 - domestic abuse task force (specialist crime division)

Question 5

Mnemonic for next steps after domestic abuse incident?

Answer 5

RARA

R - Remove the risk
A- Avoid the risk
R - Reduce the risk
A - Accept the risk

Question 6

Difference between entitled and non-entitled partners?

Answer 6

Entitled: someone who is the registered owner or tenant of the property

Non-entitled: not officially recorded as owner or tenant

Question 7

Do non-entitled partners/spouses have occupancy rights?

Answer 7

If married, neither can exclude the other from the home, although the non-entitled partner is disadvantaged.

Question 8

What are occupancy rights?

Answer 8

• Right, if in occupation, to continue to occupy the matrimonial home.
• if not in occupation, right to enter into and occupy the matrimonial home.
• and in either case, the right to do so together with any child of the family.

Question 9

Can occupancy rights be lost?

Answer 9

Yes, if there has been no cohabitation for two continuous years and the non-entitled partner has not resided in the home during that period, they lose their occupancy rights.

Question 10

If cohabiting couple are unmarried but joint owners, can they both remain?

Answer 10

Yes they both have automatic right to reside.

Question 11

Is it the responsibility of a police officer to reject a partner who does not have occupancy rights?

Answer 11

No! Advise both partners to consult solicitors.

Question 12

Explain Section 22 of the Rent (Scotland) Act 1984

Answer 12

Criminal offence to deprived a ‘residential occupier’ occupation of the premises.

Eg. Harassing, changing locks, depriving of utilities

(No power of entry)

Question 13

If granted a power of arrest with an interdict, what power do we arrest them under?

Answer 13

Section 4 of the Protection from Abuse (Scotland) Act 2001

Question 14

How long can a person be detained for under an interdict?

Answer 14

If the sheriff is satisfied of continued risk, up to 48 hrs.