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An Evaluation of the Protection from Abuse (Scotland) Act 2001

DescriptionThis study was undertaken to monitor and evaluate the use and impact of the Protection From Abuse (Scotland) Act 2001.
ISBN0-7559-3626-4
Official Print Publication Date
Website Publication DateNovember 26, 2003

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2003

An Evaluation of The Protection From Abuse (Scotland) Act 2001

Jane Scoular, University of Strathclyde
Clare Connelly, University of Glasgow
Kate Cavanagh, University of Glasgow

This document is also available in pdf format (392k)
CONTENTS

ACKNOWLEDGEMENTS
ABBREVIATIONS
SUMMARY
CHAPTER ONE: INTRODUCTION
INTRODUCTION
DOMESTIC VIOLENCE AND ABUSE
LEGAL PROTECTION AND THE CIVIL LAW
APPLYING FOR A CIVIL PROTECTION ORDER
THE BACKGROUND TO THE PFA ACT
SUMMARY
CHAPTER TWO: METHODOLOGY
INTRODUCTION
DESIGN AND METHODOLOGY
SUMMARY
CHAPTER THREE: THE EVIDENTIAL BASIS FOR LEGAL ACTION
THE GENERAL VIOLENCE
SEEKING LEGAL PROTECTION
THREATS TO PURSUER
THREAT TO ASSAULT/ ABDUCT CHILD
UNDERSTANDING DOMESTIC VIOLENCE
SUMMARY
CHAPTER FOUR: CIVIL CASES PROCESSED BY THE 4 COURTS IN THE 3 MONTH PERIOD PRIOR TO THE PFA ACT
GENERAL CHARACTERISTICS OF SAMPLE
APPLICATIONS WITHOUT
PFA ORDERS NO. & %
INTERIM AND FINAL ORDERS
APPLICATIONS PROCESSED IN THE 3 MONTH PERIOD BEFORE THE PFA ACT
SUMMARY
CHAPTER FIVE: CIVIL CASES PROCESSED BY THE 4 SHERIFF COURTS IN THE 4 MONTH PERIOD AFTER THE PFA ACT
SECTION A: GENERAL CHARACTERISTICS OF SAMPLE
APPLICATIONS MADE TO THE COURTS FOR LEGAL PROTECTION
SECTION B: THE PFA ACT AND NON-PFA ACT CASES
SUMMARY
CHAPTER SIX: EXPERIENCE OF THOSE USING AND OPERATIONALISING THE PFA ACT
INTRODUCTION
SECTION A: DATA FROM WOMEN'S QUESTIONNAIRES
PROFILE OF RESPONDENTS
SECTION B: DATA FROM INTERVIEWS WITH PROFESSIONALS OPERATIONALISING THE ACT
PROFILE OF THE RESPONDENTS
THE LEGAL CONTEXT OF THE NEW LEGISLATION
PROBLEMS IN PURSUING BREACHED CIVIL ORDERS
THE PFA ACT
THE PFA ACT IN OPERATION
ABUSE THROUGH THE LEGAL LENS
CIVIL/CRIMINAL BOUNDARIES
SUMMARY
CHAPTER SEVEN: BREACHED CIVIL PROTECTION ORDERS
INTRODUCTION
NOTIFICATION AND PROSECUTION OF BREACHED ORDERS
BREACHED INTERDICTS WITH A POWER OF ARREST
SUMMARY
CHAPTER EIGHT: CONCLUSION
ANNEX ONE: PROTECTION FROM ABUSE (SCOTLAND) ACT 2001
REFERENCES

LIST OF TABLES

TABLE 3.1: ALL INCIDENCES AND TYPES OF PHYSICAL VIOLENCE CITED IN APPLICATIONS ACROSS THE 4 COURTS
TABLE 3.2: ALL INCIDENCES AND TYPES OF EMOTIONAL ABUSE CITED IN APPLICATIONS ACROSS THE 4 COURTS
TABLE 4.1: NUMBER AND TYPES OF APPLICATIONS ACROSS THE 4 SHERIFF COURTS
TABLE 4.2: TYPES OF APPLICATIONS REQUESTED IN 4 COURTS BY DATE OF APPLICATION
TABLE 4.3: SEX AND RACE OF PURSUERS AND DEFENDERS
TABLE 4.4: RELATIONAL PROFILE OF DEFENDERS AND PURSUERS AT TIME OF APPLICATION
TABLE 4.5: PROFILE OF APPLICATIONS ACROSS THE 4 COURTS
TABLE 4.6: NATURE AND FREQUENCY OF CRAVES SOUGHT IN THE 4 COURTS
TABLE 4.7: NATURE AND FREQUENCY OF ORDERS GRANTED IN THE 4 COURTS
TABLE 4.8: NATURE AND FREQUENCY OF ORDERS NOT GRANTED IN THE 4 COURTS
TABLE 5.1: TYPES OF POST-ACT APPLICATIONS MADE IN THE 4 COURTS
TABLE 5.2: BREAKDOWN OF PRE AND POST-ACT APPLICATIONS IN THE 4 COURTS
TABLE 5.3: OVERALL PROFILE OF PURSUERS AND DEFENDERS
TABLE 5.4: RELATIONAL PROFILE OF DEFENDERS AND PURSUERS AT TIME OF APPLICATION
TABLE 5.5: PROFILE OF POST PFA ACT APPLICATIONS ACROSS THE 4 COURTS
TABLE 5.6: DATES OF APPLICATIONS FOR PFA ORDERS ONLY ACROSS THE SHERIFF COURTS
TABLE 5.7: NATURE AND FREQUENCY OF CRAVES SOUGHT IN THE 4 COURTS
TABLE 5.8: NATURE AND FREQUENCY OF ORDERS GRANTED IN 4 COURTS
TABLE 5.9: NATURE AND FREQUENCY OF ORDER NOT GRANTED IN THE 4 COURTS
TABLE 5.10: PROFILE OF PFA ACT AND NON-PFA ACT APPLICATIONS MADE AFTER THE ACT
TABLE 5.11: NATURE AND FREQUENCY OF CRAVES SOUGHT IN PFA ACT AND NON-PFA ACT CASES
TABLE 5.12: NATURE AND FREQUENCY OF ORDERS GRANTED IN PFA ACT AND NON-PFA ACT CASES
TABLE 5.13: NATURE AND FREQUENCY OF ORDERS NOT GRANTED IN PFA ACT AND NON-PFA ACT CASES
TABLE 6.1: PROFILE OF WOMEN RESPONDENTS COMPLETING POSTAL QUESTIONNAIRES
TABLE 6.2: PROFILE OF VIOLENCE AND ABUSE EXPERIENCED BY RESPONDENTS
TABLE 6.3: PROFILE OF (LEGAL) RESPONSES TO VIOLENCE AND ABUSE
TABLE 6.4: WOMEN'S' VIEWS ON LEGAL PROTECTION
TABLE 7.1: FREQUENCY OF VIOLENCE AND ABUSE USED IN EVIDENCE TO OBTAIN NHO
TABLE 7.2: FREQUENCY OF BEHAVIOUR CONSTITUTING BREACH OF NHO
TABLE 7.3: FREQUENCY OF POLICE ACTION FOLLOWING AN INCIDENT
TABLE 7.4: FREQUENCY OF ACTION BY PROCURATOR FISCAL
TABLE 7.5: REASONS FOR 'NO PROCEEDINGS'
TABLE 7.6: FREQUENCY OF CASES BEING DESERTED AT TRIAL
TABLE 7.7: PLEA NEGOTIATION AND PUNISHMENT

The views expressed in this report are those of the researcher and
do not necessarily represent those of the Department or Scottish Ministers.

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