Acts of the Scottish Parliament

2001 asp 14

The Bill for this Act of the Scottish Parliament was passed by the Parliament on 4th October 2001 and received Royal Assent on 6th November 2001

An Act of the Scottish Parliament to enable a power of arrest to be attached to interdicts granted to protect individuals from abuse; to regulate the consequences of such attachment; and for connected purposes.

(a) the interdicted person has been given an opportunity to be heard by, or represented before, the court;

(b) attaching the power of arrest would not result in the interdicted person being subject, in relation to the interdict, to a power of arrest under both this Act and the Matrimonial Homes (Family Protection) (Scotland) Act 1981 (c.59); and

(c) attaching the power of arrest is necessary to protect the applicant from a risk of abuse in breach of the interdict.

(a) on the date of expiry specified by the court;

(b) when it is recalled by the court; or

(c) when the interdict to which the power is attached is varied or recalled,

(a) the interdicted person has been given an opportunity to be heard by, or represented before, the court; and

(b) the extension is necessary to protect the applicant from a risk of abuse in breach of the interdict.

(a) the extension comes into effect only when it has been served on the interdicted person along with such documents as may be prescribed; and

(b) subsection (2) applies as if the date referred to in paragraph (a) of that subsection were the new date of expiry specified by the court in granting the extension.

(a) the person who obtained it applies for recall; or

(b) the interdicted person applies for recall and the court is satisfied that-

(i) the person who obtained the power has been given an opportunity to be heard by, or represented before, the court; and

(ii) the power is no longer necessary to protect that person from a risk of abuse in breach of the interdict.

(a) a power of arrest has been served;

(b) an extension of the duration of a power of arrest has been served;

(c) a recall of a power of arrest has been granted; or

(d) the relevant interdict has been varied or recalled,

(a) has reasonable cause for suspecting that person of being in breach of the interdict; and

(b) considers that there would, if that person were not arrested, be a risk of abuse or further abuse by that person in breach of the interdict.

(a) accused on petition or charged on complaint with an offence in respect of the facts and circumstances giving rise to the arrest; or

(b) brought before a court under section 5.

(a) to be informed immediately of the rights given by paragraphs (b) to (e);

(b) to have, on request, intimation of the detention and of the place of detention sent, without delay, to a solicitor and to one other person reasonably named by the detained person;

(c) to have, on request, intimation given to a solicitor that the solicitor's professional assistance is required;

(d) to have, on request, the solicitor informed, as soon as the information is available, of the court to which the detained person is to be taken and the date when that is to happen; and

(e) to have, on request, a private interview with the solicitor before any appearance in court under this Act.

(a) the time at which the person was arrested;

(b) the police station to which the person was taken;

(c) the time when the person arrived at that police station;

(d) the address of any other place to which the person is, during the detention, thereafter taken;

(e) the time when the person was informed of the rights given by subsection (3);

(f) the time and nature of any request made by the person under subsection (3); and

(g) the time and nature of any action taken by a police officer under subsection (3) or (4).

(a) giving particulars of the detained person;

(b) stating the facts and circumstances which gave rise to the arrest;

(c) giving any information known to the procurator fiscal about the circumstances which gave rise to the interdict and the attachment of the power of arrest;

(d) giving any other information known to the procurator fiscal and relevant to an assessment of the risk of abuse or further abuse in breach of the interdict; and

(e) requesting the court to consider whether, on the information presented, a further period of detention is justified.

(a) the information presented to the court discloses a prima facie breach of the interdict by that person; and

(b) there would, if further detention were not ordered, be a substantial risk of abuse or further abuse by that person in breach of the interdict,

(a) in subsection (1), for "The", at the beginning, there is substituted "Subject to subsection (1A) below, the"; and

(b) after subsection (1) there is inserted-

"abuse" includes violence, harassment, threatening conduct, and any other conduct giving rise, or likely to give rise, to physical or mental injury, fear, alarm or distress;

"conduct" includes-

(a) speech; and

(b) presence in a specified place or area;

"court" means the Court of Session or a sheriff;

"documents" includes documents in electronic form;

"interdict" includes interim interdict;

"interdicted person" means-

(a) in section 1, the person against whom the power of arrest is sought (being the person or one of the persons prohibited by the interdict mentioned in subsection (1) of that section); and

(b) in sections 2 and 4, the person against whom the power of arrest has been granted;

"parental responsibilities and rights" has the same meaning as in the Children (Scotland) Act 1995 (c.36);

"person" means natural person;

"power of arrest" means a power of arrest under this Act; and

"prescribed" means prescribed by rules of court.