§ Mr. Ernie Rossasked the Solicitor-General for Scotland how many interdicts have been granted under the Matrimonial Homes (Family Protection) (Scotland) Act 1981; and how many breaches of such interdicts have been (a) recorded by the police and (b) reported to the procurator fiscal.
§ The Solicitor-General for ScotlandSince the Matrimonial Homes (Family Protection) (Scotland) Act 1981 came into operation on 1 September 1982, 393 matrimonial interdicts to which a warrant of arrest has been attached have been intimated to chief constables. Precise figures are not available from all police areas, but, of 93 breaches of interdict reported to the police and recorded as such, 76 were reported to the procurator fiscal.
§ Mr. Ernie Rossasked the Solicitor-General for Scotland what instructions he has issued to police forces regarding the recording by the police and reporting to the procurator fiscal of breaches of interdicts made under the Matrimonial Homes (Family Protection) (Scotland) Act 1981; and if he will make a statement.
§ The Solicitor-General for ScotlandMy noble and learned Friend the Lord Advocate has issued guidelines to chief constables on the enforcement of the arrest provisions in the Matrimonial Homes (Family Protection) (Scotland) Act 1981. Where the police have arrested a person for a breach of the matrimonial interdict to which a power of arrest has been added, this will be reported to the procurator fiscal. Where the police decide not to arrest, the complainer should be informed of the decision and told that it would be in the complainer's interest to inform her solicitor of the incident as soon as possible. W here the alleged breach of interdict is itself a criminal offence, it will be dealt with in the same way as any other offence.
My noble and learned Friend, at a recent meeting with Scottish Women's Aid, invited it to provide him with any information that it might gather which would indicate a need for further guidance to be issued to the police.
The guidance already issued to chief constables emphasises the importance of the police exercising a power of arrest where there is any likelihood of violence to the wife or any child of the family.