Proposed new legislation providing the police and the courts with new powers for the protection of victims of domestic abuse was introduced to the Scottish Parliament on October 5, by way of the Domestic Abuse (Protection) (Scotland) Bill.

The Bill, which is in its early stages, is being considered by the parliament’s justice committee. If the committee recommends the Bill be taken forward, MSPs will debate and vote on it during the course of next year.

The new provisions, if enacted, will provide Police Scotland with the power, where necessary, to impose a short-term Domestic Abuse Protection Notice (DAPN) as a precursor to an application by the Chief Constable to the court for a Domestic Abuse Protection Order (DAPO).

The provisions would provide the police and courts with power to impose requirements and prohibitions upon a suspected perpetrator of domestic abuse, including removing them from the home they share with a person at risk and prohibiting them from contacting or otherwise abusing the person at risk while the order is in effect.

The powers are intended to fill the gap that exists where someone who is experiencing domestic abuse, lacks the freedom of action to seek protective orders (such as interdict and exclusion) through the courts themselves, and where the police and criminal courts would only otherwise have powers to impose restrictions where the alleged perpetrator had actually been arrested on suspicion of having committed a criminal offence or convicted of a criminal offence.

The orders will provide the person who is at risk with some certainty about their protection – certainty which is immediate, does not require any action to be taken by the person at risk, and is independent of any criminal investigation.

DAPNs, when they are issued, will last until the next lawful court day. DAPOs can last for up to two months, and can be extended by a further month.

Any breach of the requirements and prohibitions set out in the DAPN or DAPO will constitute a new, separate criminal offence, with a maximum penalty of five years imprisonment.

In addition, the Bill proposes the introduction of a new ground for ending a Scottish secure tenancy, allowing social landlords to end a perpetrator’s tenancy for the purpose of entering into a new tenancy with the victim, to prevent a victim becoming homeless and enabling them to remain in the family home.

You can find out more about the proposed measures contained in the Bill at the Parliament’s website – beta.parliament.scot/bills/domestic-abuse-protection-scotland-bill.