Ask a Law Question, Get an Answer ASAP!
False accusations can be termed defamatory under Scots law which is a word that includes both libel and slander which are in fact English law terms. Defamation is the making of either verbal or written statements about a person which are false as a result of which the victim suffers financial loss or injury to reputation. That would appear to be the case here although in practice very few such cases are raised in the circumstances you describe. Actions for defamation are expensive and no legal aid is available. Proceedings which could be related to the family law proceedings, such as interdict or a protection from harassment order are more common. All of these remedies, including defamation, are civil court remedies, not criminal. However, as you correctly identify, the 2015 Act adds a criminal dimension to the situation. Subject to what evidence is available this could be reported to the police as controlling coercive and behaviour and they would almost certainly have to refer this to the procurator fiscal for a decision on whether or not to prosecute given that this is a very new law. I hope that helps. Please leave a positive rating so that I am credited for my time.