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Domestic Abuse and Scots Law: A Comprehensive Legal Overview

Reviews Book Review Domestic Abuse and Scots Law Helen Hughes (ed) £65.00, W Green, 2011 Given that the legal response to domestic abuse involves many different areas of Scots law, a single volume treatment of this crucially important subject has been long overdue. This multi-authored volume, edited by Helen Hughes, a partner with McAuley, McCarthy & Co Solicitors and past Chair of the Fam- ily Law Association fills the gap admirably. (The reviewer should declare an interest in that he first proposed such a vol- ume to Greens some six or seven years ago but, due to the vagaries of academic life and the demand for research outputs rather than useful practitioner texts, was unable to pursue the project.) Helen Hughes herself contributes not only the brief "Intro- duction" but also a chapter on the Matrimonial Homes (Family Protection) (Scotland) Act 1981, non-molestation orders and other civil orders ("Civil Court Orders and Other Protective Measures") and one on the cost of seeking legal protection ("Le- gal Expenses - Civil Legal Aid and Private Fees"). Professor Kenneth Norrie explains the somewhat complex Children's Hearings System treatment of children affected by domestic abuse that has occurred or is occurring between their parents (or other carers) ("Children's Hearings"). Solicitor Paul Lynch deals with the criminal aspects of do- mestic abuse ("The Criminal Justice System") while academic Clare Connelly covers some of the same ground in her chapter looking at specialist responses from agencies including the police, the Crown Office and Procurator Fiscal Service and the specialist domestic abuse courts ("Specialist Reponses to Do- mestic Abuse"). Paul D Brown and Sarah Crawford of Legal Services Agency explain the availability of Criminal Injuries Compensation ("Criminal Injuries Compensation"): they also provide a number of case studies though most of these set out possible claims based on child sexual abuse rather than on "in- timate partner abuse" which is how domestic abuse is defined by the Scottish Government and the contributors to this vol- ume (Appendix 1). Dr Mairead Tagg, a psychologist with Glasgow East Women's Aid, provides chapters on the psycho- logical impact of domestic abuse on women victims and on children affected by domestic abuse experienced by women ("Psychological Impact on Those Who experience Domestic Abuse" and Psychological Impact on Children in Domestic Abuse Situations") and it might be hoped that a more inclu- sive approach to address the needs of all victims and all children affected by domestic abuse might be prioritised in the future. Margaret Hughes, senior lecturer in journalism at the Uni- versity of the West of Scotland, explains the law in relation to media coverage of court cases and the possible remedies avail- able through, e.g., the Press Complaints Commission ("The News Media"). Finally, there are a number of appendices in- cluding relevant legislation and several styles (which are also included as files on an accompanying CD). What this all amounts to is a splendid treatment of the sub- ject which is both clear and concise and will provide reassurance for