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COPFS

Domestic Abuse (Scotland) Act 2011

17 April 2013

Freedom of Information Request: Domestic Abuse (Scotland) Act 2011

Thank you for your e-mail under the Freedom of Information (Scotland) Act 2002 (FOISA) in which you seek the following information -

"1. How many people have been able to access a non-harassment order, when they had only one conduct incident since the 2011 Act was introduced?

2. How many people have been reported to the Procurator Fiscal in respect of offences under section 2 of the 2011 Act and how many of these cases resulted in a prosecution taking place?

3. How many people have been convicted of an offence under section 2 of the 2011 Act?

4. Were any of the cases reported under section 2 of the 2011 Act cases that involved repeat offenders?"

I have provided responses below to each of your questions:

(1) How many people have been able to access a non-harassment order, when they had only one conduct incident since the 2011 Act was introduced?

Your first question relates to access to non harassment orders following the commencement of the Domestic Abuse (Scotland) Act 2011. The granting of civil non harassment orders is governed by the Protection from Harassment Act 1997 as amended. Section 8A of the Protection from Harassment Act 1997 (which was inserted by section 1 of the Domestic Abuse (Scotland) Act 2011) relates to harassment amounting to domestic abuse and provides that in those circumstances an order may be sought because of conduct on one or more than one occasion.

As such, since the introduction of Section 8A (20 July 2011) applications can be made for civil non harassment orders in all cases involving harassment amounting to domestic abuse in which there has been conduct on only one occasion. COPFS does not hold information in respect of civil court applications. You may wish to contact the Scottish Court Service at www.scotcourts.gov.uk to ascertain if they hold that information.

(2) How many people have been reported to the Procurator Fiscal in respect of offences under section 2 of the 2011 Act and how many of these cases resulted in a prosecution taking place?

In total, 29 people have been reported to COPFS for offences under Section 2 of the 2011 Act. Of those 29 people, 15 were prosecuted for those offences.

In addition, of those people reported to COPFS for offences under Section 2 of the 2011 Act that were not prosecuted for those offences, 5 were prosecuted for other offences reported at the same time.

(3) How many people have been convicted of an offence under section 2 of the 2011 Act?

Of those prosecuted for offences under Section 2 of the 2011 Act, 7 people have been convicted and 3 are still subject of ongoing court proceedings.

(4) Were any of the cases reported under section 2 of the 2011 Act cases that involved repeat offenders?"

Of those 29 people reported to COPFS for offences under Section 2 of the 2011 Act, 9 have been reported for more than one offence under Section 2 of the 2011 Act.