Law ‘could criminalise arguments’
● ‘Very wide scope’ of legislation could over-criminalise relationships
New legisation has been proposed that could criminalise domestic rows.
The Domestic Abuse (Scotland) Bill will create a specific offence for those who subject their partner to physical or psychological harm.
But legal experts have raised concerns that the legislation is too broad and could criminalise rowing couples in otherwise healthy relationships.
The Scottish Government has defended the bill.
Rowing couples in otherwise healthy relationships could find themselves criminalised under new domestic abuse legislation, it has been claimed.
The Domestic Abuse (Scotland) Bill will create a specific offence for those who subject their partner to physical or psychological harm. But legal experts have raised concerns that the legislation is too broad and will make “commonplace friction” illegal.
The Glasgow Bar Association said the proposed offence had to be balanced against the “very real risk of over-criminalisation”, with non-violent behaviour committed on just two occasions enough to mount a prosecution.
It said: “We are concerned about the very wide scope of the proposed offence and the very wide range of behaviour which would potentially be caught by the legislation.
“In many relationships one partner may take the lead in certain areas of their life and in the conduct of their affairs, for example financial.
“It will be extremely difficult for police and prosecutors to assess and indeed prove where such situations have moved outwith such parameters and into areas which one could consider abusive behaviour.”
The Law Society of Scotland has previously called into question the need for the bill, arguing the offences are covered by existing legislation.
Andrew Tickell, a law lecturer at Glasgow Caledonian University, said that while broadly supportive of the bill’s aims, he had “serious concerns” that the legislation would “criminalise commonplace friction in family relationships”.
He said: “The regulation of family and romantic life is fraught with peril for the lawmaker. The risks of over-criminalisation are considerable here. Entering into any relaspokeswoman tionship inevitably restricts the ‘freedom of action’ of both parties. Even broadly healthy relationships are occasionally characterised by hurtful conduct, jealous behaviour, and distressing episodes.”
A Scottish Government said: “Under our proposals the law will clearly distinguish between abusive behaviour amounting to control and manipulation and the ordinary disputes and arguments that can happen in any relationship.”