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Developments in prosecuting domestic abuse

The Crown Office and Procurator Fiscal Service (CoPFS) has appointed a new specialist prosecutor to co-ordinate the prosecution service's response to domestic abuse cases from across Scotland.

The new role means that there will now be oversight over how domestic abuse cases are dealt with throughout the country. It will also include the ongoing review of prosecution policy with regard to crimes of this type, further engagement with stakeholders to strengthen the collective response to domestic abuse cases, and raising awareness of domestic abuse among prosecutors and the police.

At the moment 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'.

While there is no distinct crime of domestic abuse in Scotland it is generally dealt with by prosecuting offenders for offences such as assault, breach of the peace or crimes against property.

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If you have been charged with an offence and would like to speak to a criminal defence lawyer, give us a call on 01383 730466 (Dunfermline) or 01592 640680 (Kirkcaldy) or contact us online here.

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