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Last updated: 10 June 2024

Bill as Amended at Stage 2 Domestic Abuse (Scotland) Bill

Domestic Abuse (Scotland) Bill [AS AMENDED AT STAGE 2] 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 8A Session 5 (2017) 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, (d) depriving B of, or restricting B’s, freedom of action, 10 (e) frightening, humiliating, degrading or punishing B. (4) In subsection (2)— (a) in paragraph (a), the reference to violent behaviour includes sexual violence as well as physical violence, (b) in paragraph (b), the reference to a child is to a person who is under 18 years of 15 age. 2A Extra-territorial jurisdiction (1) An offence under section 1(1) can be constituted by a course of behaviour engaged in by A even if the course of behaviour occurs wholly or partly outside the United Kingdom. (2) If the course of behaviour occurs wholly outside the United Kingdom— 20 (a) A may be prosecuted, tried and punished for the offence— (i) in a sheriff court district in which A is apprehended or in custody, or (ii) in a sheriff court district that is determined by the Lord Advocate, as if the offence has been committed entirely in that district, (b) the offence is, for all things incidental to or consequential on trial and punishment, 25 deemed to have been committed entirely in that district. (3) Subsections (1) and (2) apply only if A, when the course of behaviour occurs— (a) is habitually resident in Scotland, or (b) is a UK national. (4) “UK national” means someone who is, as referred to in the British Nationality Act 30 1981— (a) a British citizen, (b) a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen, or (c) a British subject or a British protected person.
Official Report Meeting date: 23 March 2022

Criminal Justice Committee 23 March 2022

I spent 13 years as a special constable, so I understand what public order is, what antisocial behaviour is and the impact that that behaviour can have on society.
Official Report Meeting date: 7 March 2023

Meeting of the Parliament 07 March 2023

A lady was talking about how women must constantly adapt their behaviour to accommodate and mitigate the behaviour of men.
Official Report Meeting date: 25 June 2025

Citizen Participation and Public Petitions Committee 25 June 2025

I think that it is the change in the behaviour of some young people due to the challenges that I spoke about earlier.
Last updated: 10 June 2024

Domestic Abuse (Scotland) Bill as Introduced

Meaning given to key expressions 9 Meaning of references to behaviour (1) Subsections (2) to (4) explain what is meant by the references to behaviour in this Part. (2) Behaviour is behaviour of any kind, including (for example)— 20 (a) saying or otherwise communicating something as well as doing something, (b) intentionally failing— (i) to do something, (ii) to say or otherwise communicate something. (3) Behaviour directed at a person is such behaviour however carried out, including (in 25 particular)— (a) by way of conduct towards property, (b) through making use of a third party, as well as behaviour in a personal or direct manner. (4) A course of behaviour involves behaviour on at least two occasions. 30 10 Meaning of partner and ex-partner (1) Subsections (2) and (3) describe who is a person’s partner or ex-partner as referred to in this Part. (2) Someone is a person’s partner if they are— (a) spouses or civil partners of each other, 35 (b) living together as if spouses of each other, or (c) in an intimate personal relationship with each other.
Last updated: 27 June 2025

Cab Sec ES to Convener 17 June 2025

This guidance was developed by Education Scotland’s Social, Emotional and Behavioural Needs Network and a sub-group of SAGRABIS and focuses on supporting schools in responding to the most violent, aggressive and dangerous behaviour.
Questions and Answers Date answered: 28 January 2025

S6W-33307

Information is not held centrally on the age of the perpetrator, so whilst it is likely the majority of these crimes in a school involve a child or young person, it is not necessarily the case for every incident. 2017-182018-192019-202020-212021-222022-232023-24Possession of an offensive weapon in a school – not used33363418283542Having in a school an article with a blade or point – not used12891112569811294Possession of an offensive weapon in a school - used32384027656960Having in a school an article with a blade or point - used2934219372735Total222199207110228243231Source: Recorded Crime Accredited Official Statistics, 2023-24In terms of parts (b) and (c), the information requested is not held centrally.
Official Report Meeting date: 12 November 2019

Meeting of the Parliament 12 November 2019

I also note that often the worst behaviour seems to come from people who are not members of any particular political party.
Official Report Meeting date: 1 June 2022

Criminal Justice Committee 01 June 2022

Offensive Weapons Act 2019 (Prescribed Documents) (Scotland) Order 2022 (SSI 2022/148) Agenda item 4 is consideration of a negative instrument.
Official Report Meeting date: 10 February 2022

Meeting of the Parliament (Hybrid) 10 February 2022

Football (Protection of Women and Girls) To ask the First Minister what discussions the Scottish Government has had with professional footballing authorities regarding the protection of women and girls within football.

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