Scottish Government Proposes Strengthening Protections for Women and Girls

4 November 2026

The Scottish Government is taking significant steps to enhance the safety and well-being of women and girls across the nation. Between February and June 2026, a public consultation was conducted to gather views on proposed measures aimed at strengthening protections, particularly focusing on the role of non-harassment orders (NHOs) in criminal cases.

Non-harassment orders are legal tools designed to prevent individuals from engaging in behaviors that cause distress or fear. Traditionally, these orders are imposed by courts following a conviction. However, the recent consultation explored the possibility of granting the Crown Office and Procurator Fiscal Service (COPFS) the authority to impose NHOs as part of alternatives to prosecution. This means that, in certain situations, prosecutors could issue NHOs without the need for a court conviction, subject to a right of appeal to the court.

One of the key considerations in this proposal is whether such prosecutor-imposed NHOs should be time-limited. For instance, should they be capped at 12 months, unlike court-imposed NHOs, which can be indefinite? This approach aims to provide immediate protection to victims while balancing the rights of the accused.

These proposed changes reflect a proactive approach to addressing harassment and ensuring that victims have swift access to protective measures. By potentially allowing prosecutors to impose NHOs, the system could respond more rapidly to incidents, offering timely relief to those affected.

It's important to note that these proposals are still under consideration, and the Scottish Government is reviewing the feedback received during the consultation period. As always, the goal is to create a legal framework that effectively safeguards individuals while upholding justice and fairness.

At Thompson Family Law, we understand the profound impact that harassment can have on individuals and families. If you or someone you know is experiencing harassment or has concerns about personal safety, please don't hesitate to reach out. Our dedicated team is here to provide support, guidance, and legal assistance tailored to your unique situation.