Search Legislation

Domestic Abuse (Scotland) Act 2011

 Help about what version

What Version

 Help about advanced features

Advanced Features

 Help about opening options

Opening Options

Changes over time for: Cross Heading: Breach of domestic abuse interdict with power of arrest

 Help about opening options

Alternative versions:

Changes to legislation:

There are currently no known outstanding effects for the Domestic Abuse (Scotland) Act 2011, Cross Heading: Breach of domestic abuse interdict with power of arrest. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Breach of domestic abuse interdict with power of arrestS

2Breach of domestic abuse interdict with power of arrestS

(1)This section applies where—

(a)on or after the date on which this section comes into force, an interdict is granted against a person,

(b)a determination has been made under section 3(1) that the interdict is a domestic abuse interdict,

(c)that determination is in effect,

(d)a power of arrest is attached to the interdict under section 1(1A) or (2) of the Protection from Abuse (Scotland) Act 2001 (asp 14), and

(e)that power of arrest is in effect.

(2)A person who breaches an interdict to which this section applies is guilty of an offence.

(3)A person guilty of an offence under subsection (2) is liable––

(a)on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum or to both,

(b)on conviction on indictment, to imprisonment for a term not exceeding 5 years or to a fine or to both.

(4)Following conviction, a breach of an interdict to which this section applies is not punishable other than in accordance with subsection (3).

(5)Where a person is convicted of an offence under this section in respect of any conduct, that conduct is not punishable as a contempt of court.

(6)A person cannot be convicted of an offence under this section in respect of any conduct which has been punished as a contempt of court.

(7)In this section and section 3, “interdict” includes interim interdict.

3Determination as to whether an interdict is a domestic abuse interdictS

(1)A person who is applying for, or who has obtained, an interdict may apply to the court for a determination that the interdict is a domestic abuse interdict.

(2)The court may make the determination if satisfied that the interdict is, or is to be, granted for the protection of the applicant against a person who is (or was)—

(a)the applicant's spouse,

(b)the applicant's civil partner,

(c)living with the applicant as if they were husband and wife or civil partners, or

(d)in an intimate personal relationship with the applicant.

(3)Before making a determination under subsection (1), the court must give the person against whom the interdict is, or is to be, granted (“A”) an opportunity to make representations.

(4)A determination under subsection (1) is of no effect for the purposes of section 2 until a copy of the interlocutor containing the determination has been served on A.

(5)Where a court varies an interdict in relation to which a determination under subsection (1) is in effect, the court must—

(a)review whether the interdict as varied continues to be a domestic abuse interdict, and

(b)if not, recall the determination.

(6)A determination under subsection (1) ceases to have effect for the purposes of section 2 if it is recalled under subsection (5).

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources