Criminal Procedure (Scotland) Act 1995

[F1 254A. European Protection Orders: interpretation S

In this section and in sections 254B, 254C, 254D and 254E, except where the context otherwise requires—

• “competent authority” means the judicial or equivalent authority in a member state of the European Union which has power to issue and recognise a European Protection Order;

• “European Protection Order” means a decision—

  (a)

  taken in relation to a protection measure by a competent authority in a member state of the European Union; and

  (b)

  on the basis of which the competent authority of another member state of the European Union may take any appropriate measure or measures under its own national law with a view to continuing the protection of the protected person,

• “issuing state” in relation to a European Protection Order, means the member state of the European Union, other than the United Kingdom, whose competent authority has issued the Order;

• “offender” in relation to a protection measure or, as the case may be, a non-harassment order made under section 254D(1), means the individual whose conduct is the subject of the measure or order;

• “protected person” in relation to a protection measure or, as the case may be, a non-harassment order made under section 254D(1), means the individual who is the object of the protection given by the measure or order;

• “protection measure” means a decision taken in criminal matters which is intended to protect a protected person from the criminal conduct of the offender by imposing one or more of the following prohibitions or restrictions—

  (a)

  prohibiting the offender from entering certain localities, places or defined areas where the protected person resides or visits;

  (b)

  prohibiting the offender from contacting, or regulating the offender’s contact with, the protected person in any form (for example by telephone, electronic or ordinary mail or fax); or

  (c)

  prohibiting the offender from coming closer than a prescribed distance to the protected person or regulating the approach of the offender to the protected person within such a distance.]

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)