Legislation

Domestic Abuse Scotland Act 2011

The Act received Royal Assent in April 2011 and came into force on 21/07/11.

The Act increases access to justice for victims of domestic abuse and enables police and prosecutors to provide a more robust response to breached civil protections orders.

Victims of harassment will be better protected; domestic abuse interdicts will be created and abusers who breach domestic abuse interdicts will face a range of punishments.

To access the Act, please follow this link.

Sexual Offences (Scotland) Act 2009

The Sexual Offences (Scotland) Act came into force on 1 December 2010.

The Act reforms the current law on sexual offences and creates a range of new statutory offences. It criminalises a range of sexual conduct which takes place without consent. The Act defines consent as "free agreement" which may be withdrawn at any time.

To access the Act, please follow this link.

Forced Marriage etc (Protection and Jurisdiction) (Scotland) Act 2011

The Forced Marriage etc (Protection & Jurisdiction)(Scotland) Act 2011 received Royal Assent on 27 April 2011 and will came into force on 20/11/11.

The Act makes it a criminal offence to breach new laws leading to a two year prison sentence, a fine of up to £10,000, or both.

Scottish courts now have the power to issue Forced Marriage Protection Orders, to ensure people are taken to a place of safety or help those in danger of being taken abroad for marriage. Also forced marriages will be declared invalid.

To access the Act, please follow this link.

The Forced Marriage, etc. (Protection and Jurisdiction) (Scotland) Act 2011 Statutory Guidance.  This guidance is given as per Section 11 (1) of the above act commenced 28 November 2011.

This guidance describes the responsibilities of chief executives, directors and senior managers within agencies involved in handling cases of forced marriage.  It covers, roles and responsibilities, accountability, training, interagency working and information sharing, risk assessment and record keeping.

To access the Guidance, please follow this link.

To access the Multi-agency Practice Guidance, please follow this link.

Prohibition of Female Genital Mutilation (Scotland) Act 2005

Female Genital Mutilation (FGM) has been unlawful in Scotland since 1985 by virtue of the Prohibition of Female Circumcision Act 1985. The 2005 Act re-enacts the existing offences in the 1985 Act, and extends protection by giving those offences extra-territorial effect in order to protect those being sent abroad to have FGM carried out. The Act also increases the penalty on conviction from indictment to 5-14 years imprisonment.

To access the Act, please follow this link.

To access the Act explanatory notes, please follow this link.

Adult Support and Protection (Scotland) Act 2007

Within Scotland the three key pieces of legislation designed to support and protect adults at risk of harm are:

• The Adults with Incapacity (Scotland) Act 2000
• The Mental Health (Care & Treatment) (Scotland) Act 2003  and now
• The Adult Support and Protection (Scotland) Act 2007

With the advent of the Adult Support and Protection (Scotland) Act in 2007, there is a clear framework of powers and duties which will enable us to protect these adults, who, at certain times and in certain situations, are seen to be less able to protect themselves.

The Act introduces new powers and duties to support and protect those adults who are seen to be at risk of harm, which is described in the Act as physical or psychological harm, neglect, sexual abuse or financial exploitation. The Act defines an adult as a person aged 16 years or over who -

• may be unable to safeguard their well-being, rights, interests, or their property (their home, the things they own) safe;
• may  be harmed by other people; and
• because of a disability, illness, mental disorder, physical or mental infirmity which may be short or long term are more at risk of being harmed than others who are not so affected.

If the Council receives a concern that an adult may be at risk of harm, the Act places a duty on the Council, which is regarded as the lead agency in any adult support and protection concern to make the necessary inquiries and investigations to establish whether or not further action is required to stop or prevent harm occurring. There is also a requirement for specified public bodies, including the NHS and the Police to co-operate with local authorities and each other in making the inquiries.

All Councils across Scotland are required to establish multi-agency Adult Protection Committees in their own area. The Committee has a responsibility to oversee local adult protection policies and to provide advice and information to those involved in adult protection work.

This legislation, which also offers a range of protection orders, will assist in better supporting and protecting adults at risk and assisting them to live their lives as independently as possible, with choice and without fear.

To access the Act, please follow this link.

Criminal Justice and Licensing (Scotland) Act 2010

The Act, which was passed by Parliament on 30/06/10 and which received Royal Assent on 06/08/10, provides for a new statutory offence of stalking which specifically criminalises this form of abuse.

To access the Act, please follow this link

Human Trafficking Legislation

There are heavy penalties in place for trafficking offences. Section 22 of the Criminal Justice (Scotland) Act 2003 provides that the maximum penalty for involvement in trafficking for the purpose of prostitution and/or the production of obscene or indecent material is 14 years imprisonment on conviction on indictment. Sections 4 and 5 of the Asylum and Immigration (treatment of Claimants) Act 2004 provide for a similar specific offence of involvement in human trafficking for other purposes. The maximum penalty on conviction on indictment is also 14 years imprisonment. The trafficking provisions in both these Acts were amended and extended by section 46 of the Criminal Justice and Licensing (Scotland) Act 2010.

The Criminal Justice and Licensing (Scotland) Act 2010 also contains provision in relation to trafficking in human beings at section 99 to amend the Antisocial Behaviour etc. (Scotland) Act 2004 to assist the police by providing explicit powers for the closure of premises associated with human exploitation which includes trafficking an individual for the purpose of exploitation.

Section 47 of the Criminal Justice and Licensing (Scotland) Act 2010 introduces a new offence of holding someone in slavery or servitude, or requiring a person to perform forced or compulsory labour. The offence will apply to anyone holding a person in such circumstances and the maximum penalty is 14 years imprisonment. The offence must be interpreted in accordance with Article 4 of the European Convention on Human Rights.

Prostitution Legislation

The http://www.legislation.gov.uk/asp/2007/11/contents, which was introduced to change the perverse situation where men soliciting or loitering to buy sex could not be prosecuted while women soliciting or loitering to sell sex could. The other offence provisions in relation to street prostitution are set out in the Civic Government (Scotland) Act 1982.

Those provision relating to the procuring of and trading in prostitution and brothel-keeping are contained in the Criminal Law (Consolidation) (Scotland) Act 1995.

The Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 contains a number of specific provision relating to child prostitution and the trafficking of human beings for the purposes of exploitation by way of prostitution is an offence under the Criminal Justice (Scotland) Act 2003.

The Sexual Offences (Scotland) Act 2009 creates a statutory offence of sexual coercion which makes it an offence to force or coerce someone else to engage in any sexual activity. More generally, the Act provides that any sexual activity which takes place without consent ('free agreement') is a criminal offence.

The Scottish Government has issued Guidance for local authorities and their community planning partners, including health boards, police forces and local community and voluntary groups to help them to tackle prostitution.