Question
Untitled item
S6W-04937 · Written Question · lodged by Burnett, Alexander
Lodged on
06 Dec 2021Heard / answered on
23 Dec 2021To ask the Scottish Government, during court proceedings on (a) divorce and (b) child custody or arrangement cases, whether one party can be punished for making false accusations about the other party, and, if not, whether it will review existing legislation to enforce punishment should any accusation be found to be false.
The answer
The Scottish Government is not able to provide legal advice. However, the making of a false statement on oath may involve the common law offence of perjury or a contravention of a statutory offence under section 44 of the Criminal Law (Consolidation) (Scotland) Act 1995 .
Conducting proceedings in a manner amounting to an abuse of process may also involve contempt of court and result in the person responsible incurring a penalty. There is provision on penalties for contempt of court in section 15 of the Contempt of Court Act 1981.
The Scottish Government does not intend to review existing legislation in this area at the present time.
Conducting proceedings in a manner amounting to an abuse of process may also involve contempt of court and result in the person responsible incurring a penalty. There is provision on penalties for contempt of court in section 15 of the Contempt of Court Act 1981.
The Scottish Government does not intend to review existing legislation in this area at the present time.
Answered by Ash Regan on 23 Dec 2021.