The Domestic Abuse (Scotland) Act 2018 introduced a comprehensive domestic abuse laws. Section 1 of the Act creates a standalone criminal offence that recognises the full range of abusive behaviours often present in domestic abuse cases, including coercive control, psychological manipulation and behaviour designed to isolate or dominate a partner.
This article explains Section 1 in plain, professional language and highlights how the courts interpret the offence.
1. The Core Offence
Under Section 1(1), a person (“A”) commits the offence if:
- A engages in a course of behaviour that is abusive towards their partner or ex-partner (“B”), and
- Two further conditions (discussed in detail below) are met, being,
(i) A intends by the course of behaviour to cause B to suffer physical or psychological harm, or
(ii) A is reckless as to whether the course of behaviour causes B to suffer physical or psychological harm.
The Act applies to current or former partners, which includes spouses, civil partners, cohabitants, and people in an intimate personal relationship.
2. What Counts as a “Course of Behaviour”?
The term “course of behaviour” generally means conduct that occurs on two or more occasions. This allows the law to capture patterns of controlling or coercive conduct rather than isolated incidents.
Examples include:
- Monitoring movements or communications.
- Financial control.
- Repeated verbal abuse.
- Isolation from friends or family.
- Threatening behaviour.
- Manipulating day-to-day life.
These behaviours may not be criminal on their own, but together they create a pattern of abuse.
3. First further condition – Intention
A intends by the course of behaviour to cause B to suffer physical or psychological harm.
The test here is that a reasonable person would consider A’s course of behaviour to be likely to cause B physical or psychological harm.
This introduces an objective test. The court considers:
- The nature of the behaviour,
- The context of the relationship, and
- How an ordinary, reasonable person would view the conduct.
This prevents the defence arguing that the victim was “too sensitive” or that the accused “didn’t think it would harm them”.
The definition of psychological harm includes fear, alarm and distress (Section 1(3)).
4. The second further condition – Recklessness
The second further condition (Section 1(2)(b)) requires recklessness as to whether such harm is caused.
Recklessness, in Scots criminal law, means that A consciously disregarded a risk that their actions would cause harm. This ensures the offence captures not only deliberate abuse but also behaviour where the accused is indifferent to its impact.
5. Recognition of Coercive and Controlling Behaviour
A key feature of the 2018 Act which is reflected strongly in Section 1, is the recognition that domestic abuse often involves:
- Gradual, escalating behaviour,
- Psychological manipulationm,
- Humiliation and degradation,
- Monitoring or restricting daily life,
- Isolation,
- Gaslighting or undermining confidence.
The Act criminalises these behaviours as abuse even if no physical violence occurs.
This was a deliberate step forward in Scots law. Before the Act, prosecutors relied on separate charges (e.g., assault, threatening or abusive behaviour), which often failed to reflect the ongoing nature of coercive control.
6. Why Section 1 Is Important
Section 1 brings several legal advances:
- It treats domestic abuse as a course of conduct, not as isolated incidents.
- It recognises the immense harm caused by psychological and emotional abuse.
- It aligns Scots law with modern understandings of domestic abuse.
- It enables courts to consider the whole context of the relationship.
- It ensures victims are better protected and offenders are held accountable for patterns of behaviour.
Conclusion
Section 1 of the Domestic Abuse (Scotland) Act 2018 marks a transformative shift in how Scots law addresses domestic abuse. By criminalising patterns of abusive conduct, whether physical, emotional, or psychological, the legislation protects victims more effectively and reflects the reality of coercive control within intimate relationships.
If you need advice about domestic abuse, protective measures regarding a relationship you are or were in, XK Family Law Solicitors in Aberdeen can provide professional legal guidance can help you understand your options under.
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For advice on your specific circumstances, contact XK Family Law Solicitors Aberdeen directly.