Domestic Abuse (Scotland) Bill [AS PASSED] An Act of the Scottish Parliament to create an offence with respect to the engaging by a person in a course of behaviour which is abusive of the person’s partner or ex-partner; and to make rules of criminal procedure for that offence and also for offences subject to the statutory aggravation involving abuse of partners or ex-partners. 5 P ART 1 O FFENCE AS TO DOMESTIC ABUSE Engaging in course of abusive behaviour 1 Abusive behaviour towards partner or ex-partner (1) A person commits an offence if— 10 (a) the person (“A”) engages in a course of behaviour which is abusive of A’s partner or ex-partner (“B”), and (b) both of the further conditions are met. (2) The further conditions are— (a) that a reasonable person would consider the course of behaviour to be likely to 15 cause B to suffer physical or psychological harm, (b) that either— (i) A intends by the course of behaviour to cause B to suffer physical or psychological harm, or (ii) A is reckless as to whether the course of behaviour causes B to suffer 20 physical or psychological harm. (3) In the further conditions, the references to psychological harm include fear, alarm and distress. 2 What constitutes abusive behaviour (1) Subsections (2) to (4) elaborate on section 1(1) as to A’s behaviour. 25 (2) Behaviour which is abusive of B includes (in particular)— (a) behaviour directed at B that is violent, threatening or intimidating, (b) behaviour directed at B, at a child of B or at another person that either— SP Bill 8B Session 5 (2018) 2 Domestic Abuse (Scotland) Bill Part 1—Offence as to domestic abuse (i) has as its purpose (or among its purposes) one or more of the relevant effects set out in subsection (3), or (ii) would be considered by a reasonable person to be likely to have one or more of the relevant effects set out in subsection (3). 5 (3) The relevant effects are of— (a) making B dependent on, or subordinate to, A, (b) isolating B from friends, relatives or other sources of support, (c) controlling, regulating or monitoring B’s day-to-day activities...