Protection from Abuse (Scotland) Act 2001
| Jurisdiction | Scotland |
| Citation | 2001 asp 14 |
| Year | 2001 |
(1) A person who is applying for, or who has obtained, an interdict for the purpose of protection against abuse may apply to the court for a power of arrest to be attached to the interdict under this Act.an exclusion order within the meaning of section 4(1) of that Act; oran interim order under section 4(6) of that Act; oran exclusion order within the meaning of section 104(1) of that Act; oran interim order under section 104(6) of that Act,the interdicted person has been given an opportunity to be heard by, or represented before, the court;. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .attaching the power of arrest is necessary to protect the applicant from a risk of abuse in breach of the interdict.(3) The court, on attaching a power of arrest, must specify a date of expiry for the power, being a date not later than three years after the date when the power is attached.(1) A power of arrest comes into effect only when it has been served on the interdicted person along with such documents as may be prescribed.on the date of expiry specified by the court;when it is recalled by the court; orwhen the interdict to which the power is attached is varied or recalled,the interdicted person has been given an opportunity to be heard by, or represented before, the court; andthe extension is necessary to protect the applicant from a risk of abuse in breach of the interdict.(4) The court, on extending the duration of a power of arrest, must specify a new date of expiry for the power, being a date not later than three years after the date when the extension is granted.the extension comes into effect only when it has been served on the interdicted person along with such documents as may be prescribed; andsubsection (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.(6) Subsections (3) , (4) and (5) apply to further extensions as they apply to an initial extension.the person who obtained it applies for recall; orthe person who obtained the power has been given an opportunity to be heard by, or represented before, the court; andthe power is no longer necessary to protect that person from a risk of abuse in breach of the interdict.a power of arrest has been served;an extension of the duration of a power of arrest has been served;a recall of a power of arrest has been granted; orthe relevant interdict has been varied or recalled,(2) In this section “relevant interdict” means the interdict to which the power of arrest is or was attached.has reasonable cause for suspecting that person of being in breach of the interdict; andconsiders 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.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .brought before a court under section 5.(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .(6) When a person has been arrested under this section the facts and circumstances giving rise to the arrest must be reported to the procurator fiscal as
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