Scottish Women's Aid:

This Bill follows on from a previous consultation and proposes to

amend the Protection from Harassment Act 1997 to remove the requirement to show a course of conduct before a non-harassment order can be granted in civil proceedings involving domestic abuse
amend the Legal Aid (Scotland) Act 1986 to make legal aid available without means testing in respect of all applications for an interdict with a power of arrest or a non-harassment order where domestic abuse is involved.
make breach of an interdict relating to domestic abuse with a power of arrest attached a criminal offence
introduce a statutory definition of domestic abuse

Download our response to the Bill

The main provisions are:

The creation of a new Forced Marriage Protection Order to protect people from being forced to enter into marriage without their free and full consent, including making prohibitions and restrictions and requirements on the conduct of other persons who are directly or indirectly involved in forcing someone into marriage.
Breach of an Order will be a criminal offence, although Forced Marriage Protection Orders will be made in the first instance by the civil courts
The person who has been forced into marriage, or is at risk of same, can apply for an Order to protect them, as can a “local authority”, the Lord Advocate and, in certain circumstances approved by the court, other third parties.
Where a court is dealing with a separate civil or criminal case, and it considers that there are circumstances which indicate a person is in need of protection from forced marriage or has been forced into marriage, the court itself may be able to make an Order for that person’s protection
The Bill enables Scottish Ministers to issue guidance on matters relating to forced marriage
It would allow a marriage to be annulled via an application to the Sheriff Courts, as well as the Court of Session

Download our joint response

Scottish Women's Aid: for women, children and young people