§ Mr. Ernie Rossasked the Secretary of State for Scotland what guidelines have been issued to chief constables on exclusion orders under the Matrimonial Homes (Scotland) Act.
§ The Solicitor-General for ScotlandI have been asked to reply.
The police have no role to play in enforcing exclusion orders as such. However, in making an exclusion order the 510W court may also grant an interdict prohibiting the non-applicant spouse from entering the matrimonial home or removing furniture from the home. The court must attach power of arrest to any such interdict which is ancillary to an exclusion order.
My right hon. and learned Friend the Lord Advocate has issued guidelines to chief constables to ensure that this power of arrest is exercised appropriately in cases where police officers have reasonable cause for suspecting the non-applicant spouse of being in breach of the interdict. The guidelines emphasise that there should be an arrest in cases where there is likelihood of violence to the applicant spouse or any child of the family.