Domestic Abuse Law in Scotland

Häftad, Engelska, 2025

AvAndrew M Cubie,Diana McConnell,Shona Gilroy

1 439 kr

Beställningsvara. Skickas inom 5-8 vardagar. Fri frakt för medlemmar vid köp för minst 249 kr.

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.

Produktinformation

Utgivningsdatum2025-12-04
Mått156 x 232 x 30 mm
Vikt420 g
FormatHäftad
SpråkEngelska
Antal sidor336
FörlagBloomsbury Publishing PLC
ISBN9781526529770

Tillhör följande kategorier

Våld och övergrepp inom Samhälle och politik
Straffrätt: lagar inom Juridik
Familjerätt inom Juridik

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.

Background- Context/history- DevelopmentProsecution approach and resources - Protocols - Diversions- Victim Information and Advice (VIA)Arrest- Police bail- UndertakingsBail 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 23-28Offences 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 2009Common 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 MoorovWitnesses - 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)