Overview

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.

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9781526529770

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Author Information

Andrew M Cubie was a Sheriff of Glasgow and Strathkelvin, a member of the Sheriff Appeal Court and a Temporary Judge before appointment as a Senator of the College of Justice in June 2024. Shona Gilroy was a career prosecutor, which included responsibility for COPFS policy regarding domestic abuse, sexual offences and victims’ policy. She was appointed as a Summary Sheriff of Glasgow and Strathkelvin in 2017 and as a Sheriff in 2022. Diana McConnell was a prosecutor with COPFS. She has an MSc in Criminal Justice and was a tutor and lecturer in the postgraduate diploma in Legal Practice. She was appointed as a Summary Sheriff in 2016, being appointed to Glasgow and Strathkelvin in 2017. All three have sat in the Domestic Abuse Court in Glasgow Sheriff Court.

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