The Lord Advocate has confirmed that domestic abuse cases will
continue to be prosecuted vigorously and fairly during the
coronavirus pandemic.
This comes one year after the introduction of the Domestic Abuse
(Scotland) Act 2018, which criminalised coercive and controlling
behaviour towards a partner or ex-partner, and enabled
prosecution to proceed on a charge of a course of abusive
behaviour which can include physical, sexual, verbal, financial
and psychological abuse.
The legislation also recognised the harmful impact of domestic
abuse on children, providing a mechanism for this to be recorded
and reflected by the court in sentencing following a conviction.
The Lord Advocate, James Wolffe QC, said:
“Our commitment to tackling domestic abuse remains firm,
especially during this unprecedented time.
“With the public following government advice to stay at home in
order to restrict the spread of coronavirus, we know that those
experiencing domestic abuse may be more at risk.
“I want to reassure victims that public safety remains the
priority for law enforcement during this period. It is vital that
victims have the confidence in the justice system to come forward
and report these crimes and also that they seek support from the
many organisations which continue to provide essential services
to victims.
“Prosecutors will continue to use all the tools at their disposal
to prosecute domestic abuse, including the ground-breaking
legislation which was introduced last year. I would strongly
encourage anyone who has been a victim of such offending to
report this to the police and to seek support.”
Procurator Fiscal for Domestic Abuse, Anne Marie Hicks, said
“COPFS takes a rigorous approach to crimes of domestic abuse and
we are committed to prosecuting these crimes effectively.
“The new offence, introduced in April last year, takes account of
the dynamics of abusive relationships and has allowed us to
prosecute many coercive and controlling behaviours which can be
so harmful to victims, but which were previously not criminal.
“Courts are now able to consider abusive courses of behaviour
over a period of time, rather than just focussing on individual
incidents. This better reflects the experiences of victims and
children, and allows the totality of behaviour to be considered
when sentencing.
“Prosecutors in Scotland have undergone extensive training on the
legislation, and we will continue to work closely with Police
Scotland and victim support agencies, to ensure that the
prosecution of domestic abuse is as effective as possible and
that victims are supported.
“In the eleven months since the implementation of the Act, we
have prosecuted 829 cases and we will see many more coming
through the court system in the months and years to come.”
Contact Information
Notes to editors
- The Domestic Abuse (Scotland) Act 2018 came into force on
1st April 2019.
- All prosecutors and case preparers received bespoke training
and guidance to equip them with the tools to understand the
dynamics of domestic abuse and coercive control, and apply the
new legislation.
