Criminal law

In England the Criminal Law Act 1977 prevents a violent eviction for those not covered by the Protection from Eviction Act. There is no equivalent piece of legislation in Scotland. Residential occupiers are protected in terms of criminal law by the Rent (Scotland) Act 1984 and the Housing (Scotland) Act 1988. Obviously there would be some protection for any individual from attacks under general criminal law remedies, for example, a breach of the peace or assault.

It should be noted that in Scotland, local authorities do not prosecute landlords. Cases would always be brought by the procurator fiscal.

If convicted the penalty is a fine of up to £5,000 and/or six months imprisonment.[1]