Chamber and committees

In November, we published a delivery plan for Equally Safe, our strategy to prevent and eradicate all forms of violence against women and girls. Specific commitments include running a major national campaign on sexual harassment and sexism, to raise awareness and encourage behaviour change; encouraging employers to put in place robust processes to deal with instances of sexual harassment; and developing a pilot Equally Safe employer accreditation programme in order to lever better employment practice in tackling gender based violence experienced by the workforce. Officials are currently scoping out this work.

The Scottish Government plans to launch a consultation in spring 2018 on the review of part 1 of the Children (Scotland) Act 1995. This consultation will cover issues in relation to parental responsibilities and rights, child contact and residence, alongside a wider Family Justice Modernisation Strategy. The consultation will take full account of issues being raised about contact and domestic abuse.

The Cabinet Secretary for Justice and the then Minister for Childcare and Early Years wrote to the Justice Committee in June 2017 to help inform the Committee’s scrutiny of the Domestic Abuse (Scotland) Bill. The letter is at http://www.parliament.scot/S5_JusticeCommittee/Inquiries/20170608CSfJandMfCEYtoMM.pdf.

In that letter, the Scottish Government acknowledged the need to review the links between the civil and criminal justice systems in the context of domestic abuse. The Scottish Government also intends to consider whether any changes are needed to exclusion orders, which can exclude a perpetrator of domestic abuse from the family home.

The Scottish Government plans to launch a consultation in spring 2018 on the review of part 1 of the Children (Scotland) Act 1995. This consultation will cover issues in relation to parental responsibilities and rights, child contact and residence, alongside a wider Family Justice Modernisation Strategy. The consultation will take full account of issues being raised about contact and domestic abuse.

Section 11 of the 1995 Act makes provision on court orders relating to parental responsibilities. Section 11 was amended by the Family Law (Scotland) Act 2006 to add subsections (7A) to (7E). These lay down specific provisions on the court having regard to the need to protect the child from any abuse or the risk of any abuse which affects or might affect the child. The forthcoming consultation on the Children (Scotland) Act 1995 will seek views on the effectiveness of these provisions and whether any changes need to be made.

The Scottish Government has introduced into Parliament a new domestic abuse offence. This offence relates to abusive behaviour between partners and ex-partners and, if approved by Parliament, will strengthen the ability of the justice system to respond effectively to coercive controlling behaviour. This includes where attempts are made by one partner or ex-partner to exert power and influence over their partner or, where a relationship has ended, an ex-partner.

This offence is contained in the Domestic Abuse Bill which also includes provisions to: 

• acknowledge the harm caused to children by domestic abuse;

• ensure courts must have particular regard to victim safety when sentencing; and

• give greater flexibility for courts when imposing non-harassment orders to protect victims.

The Scottish Government plans to launch a consultation in spring 2018 on the review of part 1 of the Children (Scotland) Act 1995. This consultation will cover issues in relation to parental responsibilities and rights, child contact and residence, alongside a wider Family Justice Modernisation Strategy. The consultation will take full account of issues being raised about contact and domestic abuse.

As part of the Business and Regulatory Impact Assessment process for the review of the Children (Scotland) Act 1995 the Scottish Government has met with a number of key stakeholders. Stakeholders were asked about their views on the use of domestic abuse risk assessments. Notes of these meetings are being published at the link below: http://www.gov.scot/Topics/Justice/law/17867/review-of-children-scotland-act-1995/1995-Act-review-BRIA-interviews

There is no legislation called the Dangerous Dogs (Scotland) Act 2010.

There is however the Control of Dogs (Scotland) Act 2010 which introduced a civil regime for the issuing of dog control notices for owners of dogs who allow their dogs to be out of control. The Crown Office and Procurator Fiscal Service do not have a direct role in the operation of the Control of Dogs (Scotland) Act 2010 except in considering reports made to them where a dog owner has breached the terms of their dog control notice. The Crown Office and Procurator Fiscal Service operate independently of the Scottish Government.

There is also the Dangerous Dogs Act 1991. This legislation was introduced by the then UK Government and includes a criminal offence relating to dogs being dangerously out of control. The Scottish Government does not offer views on how legislation should be interpreted because the investigation and prosecution of offences are the operational responsibility of Police Scotland and the Crown Office and Procurator Fiscal Service respectively, and interpretation of legislation is ultimately a matter for our independent courts.

The Scottish Government does not offer an interpretation of the law. Interpretation of the law is a matter for our independent courts.

There is no legislation called the Dangerous Dogs (Scotland) Act 2010. There is however the Dangerous Dogs Act 1991 which includes a definition of a dog being 'dangerously out of control' rather than a dog being 'out of control'. This definition of 'dangerously out of control' is contained in section 10(3) of the 1991 Act and is as follows:

'... For the purposes of this Act a dog shall be regarded as dangerously out of control on any occasion on which there are grounds for reasonable apprehension that it will injure any person or assistance dog, whether or not it actually does so, but references to a dog injuring a person or assistance dog or there being grounds for reasonable apprehension that it will do so do not include references to any case in which the dog is being used for a lawful purpose by a constable or a person in the service of the Crown.'

The Crown Office and Procurator Fiscal Service considers the facts and circumstances of any case reported to it by the police in order to assess whether or not there is sufficient evidence in law to take prosecutorial action and, if so, what action would be in the public interest.

The relevant offence is section 3 of the Dangerous Dogs Act 1991, the offence of a dog being dangerously out of control in any place.

‘Dangerously out of control’ is defined by s.10(3) of the Act in the following terms:

“For the purposes of this Act, a dog shall be regarded as being dangerously out of control on any occasion on which there are grounds for reasonable apprehension that it will injure any person or assistance dog, whether or not it actually does so”

The Crown accordingly requires to be in a position to prove that there were, at the relevant time, grounds for reasonable apprehension that the dog will injure any person or an assistance dog. It is not essential for there to be actual injury, though that is an aggravating factor in any offence. On the other hand, if there is insufficient evidence that there were, at the relevant time, grounds for reasonable apprehension that the dog will injure any person or an assistance dog, the Crown cannot take action under section 3 even if injury was caused.

In any circumstances the case can be brought to the attention of the relevant Local Authority, either by Police Scotland or by COPFS, in order that Local Authority Dog Wardens can consider exercising their separate powers under the Control of Dogs (Scotland) Act 2010.

The Crown Office and Procurator Fiscal Service considers the facts and circumstances of any case reported to it by the police in order to assess whether or not there is sufficient evidence in law to take prosecutorial action and, if so, what action would be in the public interest.

The relevant offence is section 3 of the Dangerous Dogs Act 1991, the offence of a dog being dangerously out of control in any place.

‘Dangerously out of control’ is defined by s.10(3) of the Act in the following terms:

“For the purposes of this Act, a dog shall be regarded as being dangerously out of control on any occasion on which there are grounds for reasonable apprehension that it will injure any person or assistance dog, whether or not it actually does so”

The Crown accordingly requires to be in a position to prove that there were, at the relevant time, grounds for reasonable apprehension that the dog will injure any person or an assistance dog. It is not essential for there to be actual injury, though that is an aggravating factor in any offence. On the other hand, if there is insufficient evidence that there were, at the relevant time, grounds for reasonable apprehension that the dog will injure any person or an assistance dog, the Crown cannot take action under section 3 even if injury was caused.

In any circumstances the case can be brought to the attention of the relevant Local Authority, either by Police Scotland or by COPFS, in order that Local Authority Dog Wardens can consider exercising their separate powers under the Control of Dogs (Scotland) Act 2010.

The Health and Social Care Staff Experience Report, which will contain both the national Dignity at Work Survey and iMatter results, will be published in February 2018.