Part 1Offence as to domestic abuse
Presumption, alternative and penalty
I17Presumption as to the relationship
1
In proceedings for an offence under section 1(1), the matter of B being A'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 Criminal Procedure (Scotland) Act 1995.