Dr Marsha Scott from Scottish Women's Aid says it is really important that the not very positive experience of many in England and Wales is taken cognisance of.

Dr Scott says their experience suggests the police think that a protection order is the job done.

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Professor Mandy Burton from University of Leicester says Emergency Barring Orders are a supplement and not a replacement for the criminal justice response.

Prof Burton cites the case in Germany where there was a reduction in the response with the introduction of barring orders.

She says EBO's must be monitored when they come in.

DS Gordon McCreadie says Police Scotland absolutely welcomes the discussion on victim safety.

Green MSP John Finnie says this would fall under secondary prevention and ideally primary prevention would be the focus.

Professor Mandy Burton says 48 hours for an Emergency Barring Order "is not long enough".

"The pilot study of EBOs in England and Wales suggested the reason longer orders weren't being applied for was it was too bureaucratic.

"So it was recommended it was extended to four to seven days because 48 hours was not enough."

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DS Gordon McCreadie says domestic abuse cases take at least 20% of police operational time.

He says the new Bill is likely to increase the powers available to the police and increase the burden.

DS McCreadie calls for the administrative burden to be as small as possible.

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Detective Superintendent Gordon McCreadie says where there is no sufficiency of evidence the police work with third sector organisations.

DS Gordon McCreadie says on occasion this may require the victim having to move.

Dr Marsha Scott from Scottish Women's Aid says: "All the existing mechanisms require the victim to carry the burden."

Dr Scott says the existing provisions are often not used for a variety of reasons.

She calls for women not to be responsible for putting in place protection.

Lib Dem MSP Liam McArthur asks: "In terms of powers currently available, could they be amended to plug gaps identified?"

DS Gordon McCreadie says "Yes, we look to England and Wales, and they have domestic violence notices."

He adds: "From Police Scotland's position we welcome this discussion.

"It (orders) does impose a significant financial burden, £1000 an order.

"We would recommend a financial impact, not just going through courts but administrative services."

Professor Mandy Burton from the University of Leicester says emergency barring orders have been available in some European countries, such as Austria and Germany, for more than a decade.

EBOs were piloted and rolled out across England and Wales in 2014, following a Home Office funded evaluation. In England and Wales, EBOs, which are called Domestic Violence Prevention Notices and Orders (DVPNs and DVPOs), are available on the civil standard of proof and have civil sanctions for breach. The DVPN, which is authorised by a senior police officer, is intended to last for 48 hours whilst the police apply to the courts for a longer DVPO to be made.

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Image source, University of Leicester

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Scottish Green MSP John Finnie asks does children being involved complicate decision making.

Dr Marsha Scott says: "I would certainly say any barring order would need to cover the children.

She says some EBOs in Europe don't cover children.

Dr Scott says: "Some evidence courts are reluctant to interfere, and are less likely to impose sanctions that the accused can't contact their children."

Scottish Women’s Aid, external say that domestic abuse is also closely linked with repeat homelessness. Research has also shown that families that experience domestic abuse are four times more likely to lose their home due to arrears.

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Image source, Scottish Women's Aid

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Dr Marsha Scott from Scottish Women's Aid says there is a postcode lottery as to whether special bail conditions will be imposed and how robustly they will be enforced.

Dr Scott says her charity are advocating for multiple tools in the tool kit.

Green MSP John Finnie asks about what circumstances someone is remanded in custody or released on bail.

Gillian Mawdsley from the Law Society of Scotland says a case in front of a sheriff will lead to the Crown deciding on bail and the details will be a question for the sheriff.

Ms Mawdsley says standard rules of bail include not to approach or interfere with witnesses.

She says domestic abuse cases will normally have special conditions of bail like not approaching the house of the victim or even the street.

Ms Mawdsley says contact means contact by any means inlcuding social media.

Detective Superintendent Gordon McCreadie from Police Scotland says domestic abuse bail checks are carried out.

DS Gordon McCreadie says the victim will be visited within 24 hours of the release of the accused.

He says the victim must be informed about the bail conditions.

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Scotland is to become one of the first countries in the world to criminalise psychological abuse, Holyrood heard last month.

Justice Secretary Michael Matheson was speaking as MSPs debated the new Domestic Abuse Bill in the Scottish Parliament.

He used the debate to condemn the "pernicious, coercive and controlling behaviour" of perpetrators.

Police Scotland recorded almost 60,000 cases of domestic abuse in 2014-15.

Read more here.

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Green MSP John Finnie asks Detective Superintendent Gordon McCreadie about police officers investigating domestic abuse.

Mr Finnie asks on what conditions someone will be detained and prevented from returning to the victims home.

DS Gordon McCreadie says there are two options available.

He says someone can be charged and kept in custody where a risk assessment has been taken.

The court can enforce bail conditions and give a victim space to breathe, says the police officer.

DS McCreadie says the second option is when the risk to the victim is on a lower scale, a person can be released with police bail conditions.

He says: "It is a criminal offence to breach these conditions."

In its stage 1 report, the Justice Committee noted evidence from some organisations that the Bill ought to make provision for emergency barring orders (EBOs) to protect victims of domestic abuse.

EBOs are short-term orders designed to protect victims from harm, including domestic abuse. The idea is that they can be quickly obtained and allow some time for further steps to be taken to secure the victim’s safety. A key feature is that they remove the (alleged) abuser from the victim’s home (which may also be the abuser’s home) and prevent the abuser from returning. Orders of this sort exist in some other jurisdictions, although their exact characteristics may vary.

Image source, Laura Dodsworth

Image source, Laura Dodsworth

Last month MSPs unanimously backed the general principles of a new domestic abuse law including specific rules criminalising psychological abuse.

The Domestic Abuse (Scotland) Bill, external is aimed at strengthening and expanding the law on the topic.

Justice Secretary Michael Matheson told MSPs that the number of domestic abuse crimes was "truly shocking".

While other parties outlined additional priorities and policy ideas, MSPs were united to pass the bill at stage one.

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