Domeic Abuse Criminalisation (Scotland) Act 2017 1

MODEL
SCOTTISH PARLIAMENT

Domestic Abuse Criminalisation (Scotland) Act 2017

2017 asp 5

The Bill for this Act of the Scottish Parliament was passed by the Parliament on 20th
October 2017 and received Royal Assent on 22nd October 2017

An Act of the Scottish Parliament to criminalise psychological domestic abuse.

Short title, commencement, and denitions

1 Short title
This Act may be cited as the Domestic Abuse Criminalisation (Scotland) Act 2017.

2 Commencement
The provisions of this Act come into force on the day after Royal Assent.

3 Interpretation
The following definition shall apply to this Act
abusive behaviour means behaviour that a reasonable person would qualify as
violent, threatening or intimidating with the intent of making the victim
subordinate, isolated from sources of support, including but not limited to
family and friends, controlling, regulating or monitoring the victim's daily
activities, or frightening, humiliating, degrading or punishing the victim.

Oence of abusive behaviour

4 Offence of abusive behaviour

If a person engages in a course of behaviour which is abusive to a partner or ex-
partner, that person commits an offence to bw known as engaging in a course of
abusive behaviour.

5 Abusive behaviour in relation to children and relatives

This behaviour can be directed at the victim's children or relatives to still be
considered abuse under section 4.
2 Domeic Abuse Criminalisation (Scotland) Act 2017

Penalty

6 Penalty
A person who commits an offence under section 4 is liable
(a) on summary conviction, to imprisonment for a term not exceeding 12 months
or a fine not exceeding the statutory maximum (or both),
(b) on conviction on indictment, to imprisonment for a term not exceeding 14
years or a fine (or both).