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Interaction between Civil Law and Criminal Law

Something which will be increasingly familiar to lawyers appearing in Court in Scotland, is the overlap between Divorce or Contact cases with cases in the criminal courts.

With the introduction of the Domestic Abuse Scotland Act, matters which may have historically formed part of the pleadings in a divorce or contact case, now often appear as part of a libel in a separate criminal trial.

As someone who regularly appears in the civil and criminal courts; I have seen rape trials with multiple allegations which initially formed part of divorce proceedings. I have also dealt with Residence or Contact cases in which allegations of Domestic Violence or Sexual Assault in the pleadings mirror those on an indictment in the High Court.

Family cases often call for proof first, particularly under the new rules. We need to be careful that evidence is not led in a family proof that affects a criminal trial. We also need to be careful that vulnerable witnesses have the appropriate measures in place.

In dealing with a criminal trial with long running domestic abuse allegations, it can be helpful to link in with the family solicitor or to obtain the file to examine timelines and dates.

The big takeaway is that a working knowledge of criminal procedure is increasingly helpful for family practioners and for criminal practioners a useful understanding of the workings of family courts can be helpful in preparing for trial.