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  4. Domestic abuse figures rise following 2018 Act

Domestic abuse figures rise following 2018 Act

9th September 2020 | criminal law

 

Reports of domestic abuse in Scotland in 2019-20 were the highest for five years, figures released by the Crown Office & Procurator Fiscal Service show.

There were 30,718 charges reported in 2019-20 which were identified as being related to domestic abuse, the highest number since 2015-16, and 5.7% higher than in 2018-19.

The year coincided with the first year in force of the Domestic Abuse (Scotland) Act 2018, which created a new offence of engaging in a course of behaviour which is abusive of a partner or ex-partner. Over the year, 1,065 charges were reported under the Act, accounting for 3.5% of all reported domestic abuse charges, with 96% being prosecuted.

Overall, an initial decision to proceed to court was made in 92% of cases reported, which compares with 85% in 2013-14. Breach of the peace type offences, including threatening and abusive behaviour and stalking offences, accounted for 35% of cases, common assault for 28%, and crimes against public justice, including bail offences, for 15%.

Solicitor General for Scotland Alison Di Rollo QC commented: "The Domestic Abuse (Scotland) Act 2018, which came into force in April 2019, broke ground in addressing the true dynamics of abusive behaviour to which too many victims are subjected. This legislation has allowed the prosecution of a range of coercive and controlling behaviours which are so harmful to victims, but which were not previously criminal.

"Courts can now consider the totality of behaviour when sentencing, better reflecting the lived experience of victims and children."

Anne Marie Hicks, National Procurator Fiscal for Domestic Abuse, said: "COPFS takes a rigorous approach to crimes of domestic abuse and stalking, and we are committed to prosecuting these crimes effectively and fairly. This includes a presumption in favour of prosecution where there is sufficient evidence to support a criminal allegation."

She added: "While the figures published today do not cover the period of lockdown, the impact of the coronavirus pandemic upon the justice system, particularly the ability to progress criminal trials, has been significant and we recognise the impact of delays and uncertainty on victims. We will continue to work closely with justice partners and victim support organisations on a system-wide response to the challenges of the pandemic to ensure the justice system fully recovers, and cases progress as efficiently as possible.

"I would encourage anyone who has been the victim of domestic abuse or stalking to report this to police and seek support."

Click here to view the full report.

 

 

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