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  4. MSPs show cross-party backing for proposed domestic abuse law

MSPs show cross-party backing for proposed domestic abuse law

16th September 2016

MSPs from all parties in the Scottish Parliament yesterday offered their support for the Scottish Government's proposed new law to tackle domestic abuse.

Following a debate in the chamber, the Parliament gave unanimous backing to a motion by Justice Secretary Michael Matheson, agreeing that a specific new offence will help the justice system to deal more effectively with abusers and allow better access to justice for victims – after the SNP in turn accepted a Conservative amendment referring to male and female victims, and heterosexual and same sex relationships, and a Labour amendment calling for extended provision of domestic abuse courts.

The legislative programme announced by the First Minister earlier this month includes a bill bringing in the new offence, which will include already criminal acts such as assault and threats, but also extend to psychological abuse and coercive and controlling behaviour, which can be difficult to prosecute under existing law.

Mr Matheson said the offence would require three specific conditions to be met: that the perpetrator engaged in a course of behaviour abusive of their partner or ex-partner; that a reasonable person would consider the course of behaviour to be likely to cause their partner or ex-partner to suffer physical or psychological harm; and that the perpetrator either intended to cause the victim to suffer harm or was reckless as to whether the course of behaviour caused the victim to suffer harm.

He confirmed that the Government is still discussing points raised in response to a consultation on the definition of the offence. The Law Society of Scotland and Faculty of Advocates have both raised questions about the approach taken and the clarity about what conduct would be caught by the new offence.

Click here to view the debate.

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