The Bill creates a new offence of engaging in an abusive course of conduct against a current partner or an ex-partner.
This is a Government bill
The Bill became an Act on 9 March 2018
This Bill was passed and is now an Act of the Scottish Parliament.
The Bill creates a new offence of engaging in an abusive course of conduct against a current partner or an ex-partner.
Changes are also made to the creation of a domestic abuse case. The changes will be to the criminal procedure, evidence and sentencing.
It will also make any "associated statutory aggravation", where children are involved or affected, an offence. For example, when a child sees, hears or is present during a domestic abuse incident.
The changes made by the Bill include:
This Bill aims to improve how the justice system responds to domestic abuse. Many victims experience domestic abuse as a series of incidents.
Domestic abuse can take place over a sustained period of time.
Abuse can be:
The Bill will also make non-physical abuse a criminal offence. It will recognise the impact and consequences of all types of abusive behaviour. This includes patterns of controlling behaviour.
A court may need help to reach a decision on domestic abuse cases outside of their own experience. Expert opinion can be given on reactions and decision-making typical of those traumatised by domestic abuse.
Domestic Abuse (Scotland) Bill as introduced (367KB, pdf) posted 17 March 2017
Explanatory Notes (213KB, pdf) posted 17 March 2017
Policy Memorandum (431KB, pdf) posted 17 March 2017
Financial Memorandum (543KB, pdf) posted 17 March 2017
Delegated Powers Memorandum (104KB, pdf) posted 17 March 2017
Statements on legislative competence (67KB, pdf) posted 17 March 2017
All Bills introduced in the Parliament must be accompanied by specific documents. For most Bills, this includes:
Explanatory Notes: this document provides an overview of what the Bill does, plus a more detailed explanation of individual provisions.
Policy Memorandum: this sets out the objectives of the Bill. It also lists any alternatives considered, details of consultations, and an assessment of the effects of the Bill on a range of areas.
Financial Memorandum: this sets out estimates of costs, savings, and any changes to revenues expected to result from the Bill.
Delegated Powers Memorandum: this is needed if a Bill gives powers to make subordinate legislation or allows Scottish Ministers to issue directions, guidance or codes of practice.
Statements on legislative competence: two short statements, one by the Presiding Officer and one by the Member introducing the Bill. “Legislative competence” means the powers the Parliament has to make law.
The Presiding Officer has decided under Rule 9.12 of Standing Orders that a financial resolution is required for this Bill.
The Scottish Parliament's Information Centre (SPICe) prepares impartial research and analysis to assist MSPs in their examination of Bills and other parliamentary business.
The Bill was introduced on 17 March 2017
At Stage 1, the Bill is given to a lead committee. This is usually the committee whose remit most closely relates to the subject of the Bill. The lead committee will consider and report on the Bill. Other committees may also examine the Bill and report to the lead committee. Finally, there is a debate and vote by all MSPs on the general principles of the Bill. If the general principles are not agreed to, then the Bill ‘falls’ and can’t become law.
The lead committee for this Bill is the Justice Committee.
The lead committee will usually examine the Bill through evidence sessions. This will involve contributions from individuals and organisations, known as 'witnesses', with knowledge of the subject matter. The committee might also discuss the Bill in private sessions.
The deadline for sharing your views on this Bill has passed.
If a Bill is relevant to more than one committee, 'secondary committees' may consider and report on the general principles of the Bill to the lead committee. Some Bills may also be considered by the Delegated Powers and Law Reform Committee or the Finance and Public Administration Committee.
Read the report by the Delegated Powers and Law Reform Committee published on 27 April 2017.
A Stage 1 debate took place on 28 September 2017 to consider and decide on the general principles of the Bill.
See further details of the motion
The Bill ended Stage 1 on 28 September 2017
At Stage 2, MSPs can propose changes to a Bill. These are called 'amendments'. Any MSP can suggest amendments but only members of the Stage 2 committee can decide on them.
Documents with the amendments considered at this meeting held on 31 October 2017:
First Marshalled List of Amendments for Stage 2 (233KB, pdf) posted 29 October 2017
First Groupings of Amendments for Stage 2 (251KB, pdf) posted 29 October 2017
Documents with the amendments considered at this meeting held on 21 November 2017:
Second Marshalled List of Amendments for Stage 2 (203KB, pdf) posted 19 November 2017
Second Groupings of Amendments for Stage 2 (158KB, pdf) posted 19 November 2017
Domestic Abuse (Scotland) Bill as amended at Stage 2 (377KB, pdf) posted 12 December 2017
Revised Explanatory Notes (231KB, pdf) posted 14 December 2017
Sometimes an amendment at Stage 2 makes substantial changes to a bill. If this happens, the Accompanying Documents need to be updated to explain what these changes are.
The Bill ended Stage 2 on 12 December 2017
At Stage 3, MSPs can propose further amendments (changes) to the Bill. These are debated and decided on in the Debating Chamber. At this stage, all MSPs can vote on them. There is then a debate on whether to pass the Bill. If the Bill is not passed, it ‘falls’ and can't become law.
Documents with the amendments considered at this meeting on 1 February 2018:
First Marshalled List of Amendments for Stage 3 (132KB, pdf) posted 30 January 2018
First Groupings of Amendments for Stage 3 (151KB, pdf) posted 30 January 2018
Once MSPs have debated and decided on the amendments, they debate whether to pass the Bill.
Result 118 for, 1 against, 0 abstained, 10 did not vote Vote Passed
See further details of the motion
Domestic Abuse (Scotland) Bill as passed (373KB, pdf) posted 01 February 2018
The Bill ended Stage 3 on 1 February 2018
If the Bill is passed, it is normally sent for Royal Assent after about 4 weeks. Royal Assent is when the Bill gets formal agreement by the King and becomes an Act of the Scottish Parliament. Some Acts become law straight after Royal Assent. Some only come into force on a later date. Sometimes different bits of the same Act become law on different dates.
This Bill was passed on 1 February 2018 and became an Act on 9 March 2018.