Section 1A Presumption as to the relationshipF1

(1)

In proceedings for an offence that is aggravated as described in section 1(1)(a), the matter of a person being another person's partner or ex-partner is to be taken as established—

(a)

according to the stating of the matter in the charge of the offence in the complaint or indictment, and

(b)

unless the matter is challenged as provided for in subsection (2).

(2)

The matter is challenged—

(a)

in summary proceedings, by—

(i)

preliminary objection before the plea is recorded, or

(ii)

later objection as the court allows in special circumstances,

(b)

in proceedings on indictment, by giving notice of a preliminary objection in accordance with section 71(2) or 72(6)(b)(i) of the 1995 Act.

Annotations

Textual amendments

F1: S. 1A inserted (1.4.2019) by Domestic Abuse (Scotland) Act 2018 (asp 5), s. 15(2), sch. para. 11(3); S.S.I. 2018/387, reg. 2 (with reg. 7)