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When we held our inquiry into the Crown Office and Procurator Fiscal Service, we heard direct evidence from victims of domestic abuse. I want to raise a few issues today, the first of which concerns non-harassment orders. Mairi Evans (Angus North and Mearns) (SNP) I remind members that the officials are here to explain policy, not to defend it. I refer members to paper 2, which is a note by the clerk, and paper 3, which is a Scottish Parliament information centre briefing. I welcome Phil Lamont, bill team leader Kevin Philpott and Patrick Down, bill team members and Catherine Scott from the directorate for legal services.

You can find out more in the Scottish Government document that explains the Bill.Īgenda item 4 is our opening evidence session on the Domestic Abuse (Scotland) Bill, with the Scottish Government’s bill team.

telling the court to always consider making a non-harassment order against a person convicted of a domestic abuse offence.

making sure that the victim is not subject to further abuse by the offender after passing sentence.

applying the same rules for vulnerable witnesses as apply to other serious offences, such as not having to face the accused in court.

allowing certain expert evidence relating to the behaviour of the complainer in domestic abuse cases.

banning an accused person in a domestic abuse case from conducting their own defence in court.

banning a person accused of a domestic abuse offence from contacting the complainer (other than through a solicitor).

For example, when a child sees, hears or is present during a domestic abuse incident. It will also make any "associated statutory aggravation", where children are involved or affected, an offence.

The changes will be to the criminal procedure, evidence and sentencing.

The Bill creates a new offence of engaging in an abusive course of conduct against a current partner or an ex-partner.Ĭhanges are also made to the creation of a domestic abuse case.