Domestic Abuse Law in Scotland

Domestic Abuse Law in Scotland provides criminal practitioners with clear practical guidance on how to work within the new legislative framework of the Domestic Abuse (Scotland) Act 2018.

List of contents

Background
- Context/history
- Development
Prosecution approach and resources
- Protocols
- Diversions
- Victim Information and Advice (VIA)
Arrest
- Police bail
- Undertakings
Bail 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 23-28
Offences
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 2009

Common 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 Moorov
Witnesses
- 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)

About the author

The Hon. Lord Cubie is a High Court Judge. He was previously a Sheriff of Glasgow and Strathkelvin and Deputy Director of the Judicial Institute for Scotland. He has recently been appointed to the Sheriff Appeal Court.

Product details

• Authors: Andrew M Cubie, Shona Gilroy, Diana McConnell
• Publisher: Bloomsbury
• Languages: English
• Product format: Paperback / Softback
• Release: 06.11.2025, delayed
• EAN: 9781526529770
• ISBN: 978-1-5265-2977-0
• No. of pages: 336
• Weight: 600 g
• Subjects: Humanities, art, music > Education > Social education, social work; Social sciences, law, business > Law > Criminal law, criminal procedural law, criminology; LAW / Criminal Law / General, FAMILY & RELATIONSHIPS / Abuse / Domestic Partner Abuse, SOCIAL SCIENCE / Sexual Abuse & Harassment, LAW / Family Law / General, Scotland, Criminal law & procedure, Sexual abuse & harassment, domestic violence, Sexual abuse and harassment, Criminal law: offences against the person, Domestic abuse, Family law: cohabitation