Breach of domestic abuse interdict with power of arrest
2Breach of domestic abuse interdict with power of arrest
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.