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Committee Reports
Aithisgean Chomataidh
Research Briefings
Brathan-ullachaidh Rannsachadh
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Ais-eòlas
Published by The Scottish Parliamentary Corporate Body
Domestic Abuse (Protection) (Scotland) Bill: Stage 1 Report
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Published: Thursday 21 Jan 2021 (JS0521R01)
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Overview
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Overview
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Introduction
General policy objectives
Structure of the Bill
Justice Committee's consideration
Consideration by other Committees
Membership changes
Background
Key issues arising from the Stage 1 scrutiny of the Bill
Part 1 of the Bill
Domestic Abuse Protection Notices and Orders
Are further protective measures required?
Existing civil protective orders
Operational challenges of using DAPNs
Practical and operational details on how the issuing of a DAPN will be assessed when a police officer attends a complaint
Evidential threshold (section 4)
Managing counter complaints
On where provisions interact with other elements/sanctions i.e. electronic tag/curfew
Liability on police if they fail to issue a DAPN
Training required
Multi-agency involvement in decision making (sections 4-7)
Serving of a DAPN on an individual still living in a family home
Duration of a DAPN (section 5 and section 11)
Duration of a DAPO (sections 9 and 13)
Proposed maximum time period for a DAPO
Interim DAPOs (Section 10)
The relationship between Part 1 of the Bill and other court orders particularly those relating to children
Consent of a person at risk
A duty to refer a person at risk to support organisations
Should there be a presumption in favour of referral?
Which individuals are covered by a DAPN or DAPO?
The obligations which can be imposed by a DAPN and a DAPO (sections 5 and 9)
Taking children’s views into account
The criminal offence of breaching a DAPN or DAPO (sections 7 and 16)
Who can apply for a DAPO (Section 8)?
Should other agencies have the scope to request a DAPO
Which court can grant a DAPO (section 15)?
Powers at an earlier stage of the criminal court process
Part 2 of the Bill: Termination of Scottish Secure Tenancies in cases involving abusive behaviour
A new power for social landlords (section 18)
Potential to extend power of application for DAPOs to social landlords
Whether the 3 month duration of a DAPO is sufficient to allow for an eviction case to be disposed of
The Statutory Test
Giving perpetrators advice and assistance re availability of alternative accommodation/homelessness
Financial and Policy Memorandums
Conclusions and recommendations
Recommendation on the general principles of the Bill
Annex A
Written and Oral evidence links
Appendix 1
Overview of the process for DAPNs/DAPOs (Source: Scottish Government)
Outline of process for making a DAPN (Source: Scottish Government)
Image: Overview of the process for DAPNs/DAPOs (Source: Scottish Government)
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