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An Evaluation of The Protection From Abuse (Scotland) Act 2001

CHAPTER FOUR: CIVIL CASES PROCESSED BY THE 4 COURTS IN THE 3 MONTH PERIOD PRIOR TO THE PFA ACT

4.1 In this chapter we consider all the cases processed by the 4 sheriff courts in the 3 month period prior to the date when the new Act came into force (6 February 2002). We compare the 4 courts across the following 11 baseline measures:

1. biographical characteristics of defender and pursuer
2. nature and length of relationship between pursuer and defender
3. number of biological and 'other' children
4. number of craves per application
5. number of incidents reported in each application
6. number and types of applications sought
7. number and types of applications seeking power of arrest
8. number and types of applications granted
9. number and types of applications not granted
10. number and type of application granting power of arrest
11. number and type of applications refusing power of arrest

GENERAL CHARACTERISTICS OF SAMPLE

4.2 Before proceeding to examine the pre-Act case files in detail, in this section we present some descriptive features of the overall sample of 123 court case files. Table 4.1 below identifies the type of orders applied for across each of the 4 sheriff courts, specifically, pre and post-Act orders.

Table 4.1 Number and types of applications across the 4 sheriff courts

4.3 Table 4.1 shows that a total of 123 cases were identified overall and that Glasgow was, not surprisingly, the busiest court with 67% of the cases. Stonehaven and Stirling were the smallest and least busy of the 4 sheriff courts, between them processing a total of 17 (13%) of the cases. Table 4.1 also illustrates the numbers of non- PFA and PFA applications dealt with by each of the 4 courts. Of the 123 cases, 26 (21%) involved requests for orders under the PFA Act and 97 (79%) involved requests for orders available under previous legislation. Whilst Glasgow processed the highest number of applications containing a request for a PFA order - 17 (21%), Dumbarton processed the highest proportion of applications requesting a PFA order - 8 (35%). In contrast, Stonehaven court did not have any applications for PFA orders at all in the research period.

INTERIM AND FINAL ORDERS

4.4 It should be emphasised that of the 123 cases identified, at least one final outcome of the application (which could contain up to 4 requests for specific orders), was recorded in the court records in 106 (86%) cases. In the remaining 17 cases, interim interdicts were granted. Final outcomes in these applications were not recorded either because they were not yet available at the time of the research or more likely following the award of the interim interdict, the application had not proceeded further. This may be for a number of reasons: the interim interdict may have been deemed to have been 'effective'; the cost, financial or otherwise, associated with pursuing the civil order may be seen as prohibitive; or the case may be still ongoing. These issues will be discussed more fully in Chapter 7.

4.5 Turning now to consider the types of applications made in relation to the date of the 123 applications, Table 4.2 shows the general pattern of requests in relation to whether or not they were lodged in the 3 month period prior to or the 4 month period after the date the new Act came into force. The pattern for each of the 4 courts is also identified.

Table 4.2 Types of applications requested in 4 courts by date of application

4.6 Table 4.2 shows that of the 123 cases processed through the 4 courts, 31 (25%) were in the 3 month period prior to the Act coming into force and 92 in the 4 month period after the Act came into force. The mean monthly figure in the pre-Act cases was 10.3 and in the post act cases 23. At this point, we can only speculate as to why there are such differences for example, it may be that fewer cases are processed in the Christmas and New Year holiday periods. Further longitudinal research would undoubtedly uncover a variety of other factors influencing any such patterns found within court records.

4.7 When we consider the profile of the cases processed by the 4 courts individually, a different picture emerges. Glasgow processed 67% of all the total number of applications, followed by Dumbarton (20%) with Stirling and Stonehaven joint third (7%). Glasgow and Dumbarton between them dealt with 87% of the pre-Act cases and Stirling and Stonehaven courts 12%. Glasgow dealt with 73% of all of the post-Act cases, the other 3 courts dealing with the remaining 27% between them.

4.8 Seventy-five percent of the 123 applications were lodged in the post-Act period and 25% in the pre-Act period. The ratio of pre to post applications in each of the 4 courts revealed that over three-quarters of cases in Glasgow (81%), Stonehaven (75%) and Stirling (78%) courts were lodged after the Act. In Dumbarton court, 50% of applications were lodged in each time period. In the Stonehaven court, of the 8 applications made, 2 (25%) were made in the pre-Act period and 6 (75%) in the post-Act period. However, as mentioned earlier, in the Stonehaven court no applications for PFA orders were made.

APPLICATIONS PROCESSED IN THE 3 MONTH PERIOD BEFORE THE PFA ACT

Profile of pursuers and defenders

4.9 In this section we identify some of the basic characteristics of the pursers and defenders reported in the case files. It should be stated from the outset that available biographical information here was limited: across the full sample of 123 cases, only the sex and race of the pursuer and defender was consistently recorded. Some cases reported on age and employment status but numbers were very small and are thus not reported in the study. The lack of demographic information is an important omission in that it makes it very difficult to comment on, for example, the material circumstances of those accessing civil justice ¹⁹.

Table 4.3 Sex and race of pursuers and defenders

4.10 Table 4.3 reveals that in 29 (94%) cases, the pursuer was female. There were only 2 male pursuers and case file data confirms that in both these cases the context within which the act of female violence was perpetrated was one of physical violence and abuse by the pursuer (male) against the defender (female), a finding identified in much of the literature on women's use of violence (Dobash and Dobash 2000; Jensen 2001). All of the pursuers and the defenders were white reinforcing the findings of other research, which indicates that black women are much less likely to use the civil courts when seeking protection from abuse (Mama 2000).

4.11 In the following section we examine aspects of the relationships between pursuers and defenders.

Table 4.4 Relational profile of defenders and pursuers at time of application

4.12 Table 4.4 shows that in 84% of all relationships the pursuer was either separated or divorced from the defender. In only one case were the pursuer and defender married and in another one case they were cohabiting. In 3 cases there was no relationship between the parties: in these cases the defender (male) believed there was such a relationship and behaved towards the pursuer as if there was indeed a relationship. Information pertaining to the length of the relationship between pursuer and defender was limited: where it was available, 56% of relationships were under 5 years duration. However numbers were small in both Stonehaven and Stirling courts therefore general patterns across the courts were not really discernible. In relation to biological children, 71% of all couples had at least one child and 35% had at least 2 children. Relatedly, only in 6 (19%) cases were there 'other' children.

Applications made to the courts for legal protection

4.13 In this section we examine in detail the applications made at each of the 4 courts. We identify the general patterns and consider individual patterns across the courts where discernible.

Table 4.5 Profile of Applications across the 4 courts

4.14 Table 4.5 shows that of the 31 cases processed in the 3 month period prior to the date the Act came into force, just over half of the applications (52%) were lodged in November with December accounting for only 19% of cases and January 29% of cases. This pattern was similar across each of the 4 courts. The variation may probably be explained in terms of reduced court activity in the Christmas and New Year period.

4.15 In terms of the number of craves contained within each application, Table 4.5 shows that across all 4 courts, the majority of applications (84%) contained at least 3 craves and supporting evidence. There were no applications with one crave ²² reported and indeed all Dumbarton and Stirling cases contained a minimum of 3 craves.

4.16 When the numbers of incidents raised in the applications is considered Table 4.5 shows that 32% of all applications had 1-2 incidents of violence and abuse reported and a further 42% had between 3-4 incidents reported. In the remaining 8 cases at least 5 incidents were reported. The general pattern is similar to the patterns in all individual courts in that at least 67% of all cases reported 1-4 incidents of violence and abuse.

4.17 When time span between incidents is examined Table 4.5 shows that in 58% of cases the time span covered in the application was under one year and again this pattern was reflected in all 4 courts.

Orders 'craved' in the case files

4.18 In this section we consider the different types of orders 'craved' ²³ by pursuers both generally and in relation to the 4 courts. We also identify the frequency of requests for each of the orders

Table 4.6 Nature and frequency of craves sought in the 4 courts

4.19 Table 4.6 shows that across the 31 cases lodged in all 4 courts, a total of 100 requests for orders were made. As discussed earlier, all applications contained at least 2 craves and 52% had 4 craves. There were no applications containing any more than 4 craves. Several patterns are discernible. Firstly, across the 4 courts, the most commonly occurring crave is the common law interdict with 28% of applications containing a request for this type of order. Secondly, 24% of cases requested an NHO, followed by 16% of cases requesting an expenses order. Requests for matrimonial interdicts were sought in 14% of cases. Divorce was requested in 7% of applications.

4.20 However, notwithstanding the small numbers of cases in some of the courts, when we look at the patterns to emerge in the individual courts, some differences are discernible. Firstly most frequent requests made in Glasgow court are for common law interdicts (38%), NHOs (36%) and expenses orders (33%). No applications for matrimonial interdicts or divorce were made in the Glasgow court at all in the 3 month period prior to the PFA Act. In contrast, in Stonehaven, matrimonial interdicts were the most frequently requested order (50%), followed expenses orders (33%). There were no requests at all for NHOs or common law interdicts. In Dumbarton court, common law interdicts (26%), matrimonial interdicts (19%) and NHOs (17%) were the three most frequently requested orders, and in Stirling court, matrimonial interdicts (43%) were the most frequently requested order. Like Stonehaven court, there were no requests for common law interdicts in Stirling court.

4.21 In relation to numbers of orders incorporating a power of arrest, 14 (14%) such requests were made but only in Stonehaven, Dumbarton and Stirling courts. Of note is the fact that Glasgow had no such requests and that Dumbarton court had 57% of all requests for orders with a power of arrest. Once again, given the low numbers in this study, explanations for such differences can only be impressionistic, but factors affecting these results could include higher unmarried populations in, for example, Glasgow and different professional practices of, for example, solicitors and sheriffs.

Disposals reported in the 4 courts.

4.22 We turn now to consider the outcomes of the applications reported in the 31 cases, illustrating the numbers and types of orders granted and not granted. The first point to be made here is that of the 31 applications, final outcomes were recorded in 26 of the cases. In the remaining 5 cases, the court records only recorded interim interdicts as being granted. Table 4.7 below identifies the orders granted in the 4 sheriff courts.

Table 4.7 Nature and frequency of orders granted in the 4 courts

4.23 Table 4.7 shows that a total of 31 orders were granted across the 26 cases. In order to contextualise the awarding of orders, it is important to describe the process of applications and usual practice in terms of the granting of orders. One application might contain a request for 4 orders, for example, a common law interdict, a matrimonial interdict, an NHO and an expenses order. The outcome in this case might be the awarding of all 4 orders but normally only 1-2 orders would be granted. ²⁴ Two further qualifications are important: awards may not have been recorded in the court records highlighting the limitations of such documents; awards may have been granted out-with the time frame of the research, for example, it usually takes months for divorce orders to reach a final outcome.

4.24 Glasgow sheriff court granted the highest percentage of orders (45%) followed by Dumbarton (42%), Stirling (10%) and Stonehaven (3%) sheriff courts. Common law interdicts were the most frequently granted order (39%), followed by NHOs (35%). Four matrimonial interdicts were granted . Consequently 4 orders with a power of arrest were granted across all sheriff courts, with the exception of Glasgow sheriff court.

4.25 Across each of the sheriff courts, the patterns are slightly different: in Glasgow sheriff court, the 2 most frequently granted orders were NHOs (50%) and common law interdicts (43%); in Stonehaven sheriff court it was matrimonial interdicts (100%); in Dumbarton sheriff court, common law interdicts (26%) and NHOs (13%); and Stirling sheriff court granted one matrimonial interdict, one NHO and one expenses order.

4.26 Turning now to consider those orders not granted, Table 4.8 shows the nature and number of orders not granted across the 4 courts.

Table 4.8 Nature and frequency of orders not granted in the 4 courts

4.27 Table 4.8 shows that a total of 17 orders were not granted, 41% of these being for common law interdicts. Stonehaven court reported no orders not granted. ²⁵ Many, if not all, of the orders not granted would result from the fact that it is incompetent to grant a common law interdict alongside a matrimonial interdict or an NHO. As a result, where a number of orders are craved, only one outcome is legally permissible. Dumbarton court reported the highest numbers of orders not granted (41%), followed by Glasgow (35%) and Stirling (24%). When the individual courts are considered, the orders most frequently not granted were: in Glasgow sheriff court, common law interdicts (67%) and NHOs (33%); in Dumbarton sheriff court common law interdicts (43%); in Stirling sheriff court matrimonial interdicts. Three orders with a power of arrest were refused, two in Stirling and one in Dumbarton sheriff courts.

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