Domestic Abuse (Scotland) Act 2011
Jurisdiction | Scotland |
Citation | 2011 asp 13 |
(1) In section 8 (harassment) of the Protection from Harassment Act 1997 (c.40) , after subsection (1) insert––“ engaged in ” .(3) In section 9(1) (breach of non-harassment order) of that Act, after “section 8” insert “ or section 8A ” .(4) In section 18B(1) (actions of harassment) of the Prescription and Limitation (Scotland) Act 1973 (c.52) , after “section 8” insert “ or section 8A ” .(5) In section 2(1) (b) (ii) (transmission of deceased's rights to executor) of the Damages (Scotland) Act 2011 (asp 7) , after “section 8” insert “ or section 8A ” .on or after the date on which this section comes into force, an interdict is granted against a person,a determination has been made under section 3(1) that the interdict is a domestic abuse interdict,that determination is in effect,a power of arrest is attached to the interdict under section 1(1A) or (2) of the Protection from Abuse (Scotland) Act 2001 (asp 14) , andthat power of arrest is in effect.(2) A person who breaches an interdict to which this section applies is guilty of an offence.on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum or
- “(1A) Subsection (1) is subject to section 8A.
- “(1) Every individual has a right to be free from harassment and, accordingly, a person must not engage in conduct which amounts to harassment of another and—
- (a) is intended to amount to harassment of that person; or
- (b) occurs in circumstances where it would appear to a reasonable person that it would amount to harassment of that person.
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(3) For the purposes of this section—
- “conduct”––
- (a) may involve behaviour on one or more than one occasion; and
-
(b) includes—
- (i) speech; and
- (ii) presence in any place or area; and
- “harassment” of a person includes causing the person alarm or distress.
- “conduct”––
- “conduct”––
- (a) may involve behaviour on one or more than one occasion; and
-
(b) includes—
- (i) speech; and
- (ii) presence in any place or area; and
- “harassment” of a person includes causing the person alarm or distress.
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