Police Scotland has warned of “significant resource and financial challenges” from new legislation that could see abusive partners booted out of their homes.
The Scottish Government is preparing to implement a new bill that will give police and courts more powers to remove abusers and prevent their victims from becoming homeless.
The Domestic Abuse (Protection) Scotland Act 2021 will also give landlords greater control to transfer tenancies to the person being abused.
It follows a major shake-up in 2018, when legislation was introduced to recognise an abusive course of conduct can be – as well as physical – verbal, psychological, sexual or financial.
The so-called DAPS Act, which was passed by MSPs in 2021, has been welcomed by support groups including Scottish Women’s Aid.
But Police Scotland has raised concerns about its potential impact on already stretched budgets and resources.
The Scottish Government has accepted “careful planning” is required before the bill is applied.
Abusers to be forced out
In its end-of-year quarterly report, Police Scotland says the DAPS Act remains a “substantial demand”.
It states: “The implication of the legislation will present significant resource and financial challenges for Police Scotland.
“These challenges have been highlighted to the Scottish Government.”
The bill, once in force, will give senior police the power to issue domestic abuse protection notices.
That can require an abuser to leave their home or surrender their keys, ensuring their partner is not forced out or made homeless.
Tayside Divisional Commander Phil Davison has declined to go into details but confirmed to The Courier concerns have been raised.
“Its fair to say the the Scottish Government are working with all partners, including Police Scotland, on the implementation of this act,” he said.
“That work is ongoing.”
Rising rates of local abuse cases
In Tayside, the rate of recorded domestic abuse cases has risen over the last year.
Local police have dealt with 103 cases, compared to 85 in 2021/22.
Chief Supt Davison said tackling domestic abuse continues to be a top priority.
“Police Scotland is looking at domestic abuse in a multi-layered way, recognising that domestic abuse isn’t always violence or physical, it can often by psychological.
“Victims can be disempowered and made to feel isolated and I think the newer (2018) legislation has been really helpful, because it recognises that wider range of behaviour by perpetrators to control, coerce and instil fear.”
He said that a rise in recorded cases was an indication of “increased confidence” in victims to speak up.
A Scottish Government spokesman said: “Keeping people safe from domestic abuse is a key priority for the Scottish Government and justice agencies.
“The development of a new criminal offence of domestic abuse has helped the criminal law response to such abuse.
“However, more can and should be done and the Scottish Government is working with justice agencies to help progress work to implement the new system of civil protection orders for domestic abuse.”
He said: “It is clear there will be an operational impact on justice agencies of these new powers which needs careful planning with Police Scotland and Scottish Courts and Tribunals Service.”
In the recently announced 2023-24 Scottish Budget, £1.45 billion was allocated to policing.
Further information on domestic abuse can be on the websites of Police Scotland, Citizens Advice Scotland, Scottish Women’s Aid and the NHS.
