The Crown Office and Procurator Fiscal Service (COPFS) takes domestic abuse cases very seriously. Most domestic abuse cases are prosecuted in the Sheriff Court. Prosecutors generally recommend to the court that, wherever possible, special conditions should be imposed if bail is granted in these cases.

COPFS defines
domestic abuse as any form of physical, sexual or mental and emotional abuse which might amount to criminal conduct and which takes place within the context of a relationship. The relationship will be between partners (married, cohabiting, civil partnership or otherwise) or ex-partners. The abuse can be committed in the home or elsewhere.

COPFS, the Courts and the police are all mindful of the safety and security issues that may arise where accused are released on bail. They share responsibility for seeking to ensure that victims' safety is not further compromised by their involvement in the criminal justice process.

From the time a domestic abuse case is reported to the Procurator Fiscal, Victim Information and Advice staff will ensure that in their dealings with victims, all steps are taken to provide a service that seeks to safeguard those victims.

In December 2008 after a period of consultation the Association of Chief Police Officers in Scotland (ACPOS) and COPFS launched a revised protocol
In partnership, Challenging domestic abuse.

This Protocol outlines the procedures and practices that will be followed by the Scottish Police Service and COPFS.

Having regard to the seriousness of domestic abuse, this Protocol has been agreed to identify best practice and obtain consistency of approach in the investigation, reporting and prosecution of these cases, with a view to improving the service we provide to the public, and in particular to victims, in dealing with criminal conduct arising from domestic abuse incidents.