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Abusive Behaviour and Sexual Harm (Scotland) Act 2016

Consolidated Text As Enacted Cited authorities 80 Cited in Amendments 49 Related
Vincent
JurisdictionScotland
Citation2016 asp 22
libelled in an indictment or specified in a complaint that an offence is aggravated by involving abuse of the partner or ex-partner of the person committing it, andproved that the offence is so aggravated.the person intends to cause the partner or ex-partner to suffer physical or psychological harm, orin the case only of an offence committed against the partner or ex-partner, the person is reckless as to causing the partner or ex-partner to suffer physical or psychological harm.(3) It is immaterial for the purposes of subsection (2) that the offence does not in fact cause the partner or ex-partner physical or psychological harm.(4) Evidence from a single source is sufficient to prove that an offence is aggravated as described in subsection (1) (a) .state on conviction that the offence is aggravated as described in subsection (1) (a) ,record the conviction in a way that shows that the offence is so aggravated,take the aggravation into account in determining the appropriate sentence, andwhere the sentence imposed in respect of the offence is different from that which the court would have imposed if the offence were not so aggravated, the extent of and the reasons for that difference, orotherwise, the reasons for there being no such difference.spouses or civil partners of each other,living together as if spouses in an intimate personal relationship with each other,(7) In this section—
  • “cause” includes contribute to causing (and “causing” is to be construed accordingly) ,
  • “psychological harm” includes fear, alarm or distress.
according to the stating of the matter in the charge of the offence in the complaint or indictment, andunless the matter is challenged as provided for in subsection (2) .preliminary objection before the plea is recorded, orlater objection as the court allows in special circumstances,in proceedings on indictment, by giving notice of a preliminary objection in accordance with section 71(2) or 72(6) (b) (i) of the 1995 Act.

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