Domestic Abuse Bill Comes Under Scrutiny

The Scottish Parliament’s Justice Committee has begun its examination of the recently introduced Domestic Abuse Bill.

The bill creates a new offence aimed at strengthening existing laws against people who abuse their partners, including new measures to tackle psychological abuse.

Under the draft Bill, intimidating, isolating or humiliating a partner or ex-partner, or controlling their freedom, would become illegal. However, the committee will also explore concerns already expressed by some about how these new offences might be proved in court, and whether the behaviour should actually be illegal.

As part of its scrutiny, the committee has launched a call for evidence to hear views from the people who will be working directly with this new law, and importantly those who it seeks to help.

In particular, the committee is looking to hear:

• If there is a consensus with the idea of introducing this category of offence, which would criminalise non-violent but abusive behaviour, and its workability in practice;
• What factors might influence the reporting, investigating and prosecuting of the proposed offence;
• Whether the Bill sufficiently takes into account the impact of domestic abuse on children;
• Views on the Government’s definitions of “abusive behaviour”, “partner”, “ex-partner”; the Evidence of Impact on Victim and other stipulations set out in the Bill.

“These proposals recognise that domestic abuse is not limited to physical abuse. Psychological abuse can be just as pernicious as hitting and kicking,” explained Committee Convener, Margaret Mitchell MSP.

“However, it is clear the Bill will require detailed scrutiny,” she added. “The committee is seeking views on this law’s necessity, and will look to ensure the Bill does not end up being well-intentioned but unworkable legislation.”

Contains information licenced under the Scottish Parliament Copyright Licence.

Contact Us

For expert legal advice on defending a charge of domestic abuse then contact our specialist criminal defence lawyers today.