Criminal Procedure (Scotland) Act 1995

[F1 254D. Implementation of a recognised European Protection Order S

(1) Where a sheriff recognises a European Protection Order under section 254C(2), the sheriff must make a non-harassment order in relation to the offender requiring the offender to refrain from such conduct in relation to the protected person as may be specified in the order for such period (which includes an indeterminate period) as may be so specified.

(2) Subsection (4) of section 234A applies to a non-harassment order made under subsection (1) of this section as it applies to a non-harassment order made under section 234A subject to the restrictions in paragraph 1(1)(d) of Schedule 2 to the European Communities Act 1972.

(3) Subsections (4A) and (4B) of section 234A apply to a non-harassment order made under subsection (1) of this section as they apply to a non-harassment order made under section 234A.

(4) A non-harassment order made under subsection (1) may impose on the offender only such requirements as to the offender’s conduct—

(a) as may constitute a protection measure; and

(b) which correspond, to the highest degree possible, to the prohibitions or restrictions contained in the European Protection Order.

(5) In considering which requirements to specify in a non-harassment order made under subsection (1), the sheriff must consider—

(a) the nature of the prohibitions or restrictions contained in the European Protection Order; and

(b) the duration of the prohibitions or restrictions contained in the European Protection Order.

(6) Where a sheriff makes a non-harassment order under subsection (1), the sheriff must provide the information in subsection (7) to—

(a) the offender;

(b) the competent authority of the issuing state; and

(c) the protected person.

(7) The information is—

(a) that the non-harassment order has been made;

(b) that a breach of the non-harassment order is an offence under section 234A(4);

(c) information about the punishments to which the offender may be liable following conviction for an offence under section 234A(4); and

(d) information about the powers of arrest available to a constable under section 234A(4A) and (4B).

(8) Where the offender is convicted of an offence consisting of, or involving, a breach of a non-harassment order made under subsection (1), the convicting court must notify the competent authority of the issuing state.]

Textual Amendments

F1 Ss. 254A-254E and cross-heading inserted (11.3.2015) by The European Protection Order (Scotland) Regulations 2015 (S.S.I. 2015/107), regs. 1(2), 2(2)