Criminal Procedure (Scotland) Act 1995

[F1 254E. Modification and revocation of non-harassment orders made under section 254D S

(1) This section applies to non-harassment orders made under section 254D(1).

(2) Where a sheriff is informed by a competent authority of an issuing state that the European Protection Order to which a non-harassment order relates has been modified, the sheriff must—

(a) modify the non-harassment order so that the requirements as to the offender’s conduct contained in the modified non-harassment order correspond, to the highest degree possible, to the prohibitions or restrictions contained in the modified European Protection Order;

(b) where the information submitted by the competent authority of the issuing state in relation to the modification of the European Protection Order is incomplete, refuse to modify the non-harassment order until the missing information is provided by the competent authority of the issuing state; or

(c) where the prohibitions or restrictions contained in the modified European Protection Order no longer constitute a protection measure, revoke the non-harassment order.

(3) A sheriff may, on the application of an offender to whom a non-harassment order relates, modify the order on either or both of the following grounds—

(a) that the requirements as to the offender’s conduct contained in the non-harassment order do not correspond, or do not correspond sufficiently, to the prohibitions or restrictions contained in the European Protection Order to which the non-harassment order relates;

(b) the European Protection Order to which the non-harassment order relates has been modified by the competent authority of the issuing state and the non-harassment order should be modified in a similar manner.

(4) Where a sheriff is informed by a competent authority of an issuing state that the European Protection Order to which a non-harassment order relates has been revoked or withdrawn, the sheriff must revoke the non-harassment order.

(5) A sheriff may, on the application of an offender to whom a non-harassment order relates, revoke the order on any of the following grounds—

(a) the recognition of the European Protection Order to which the non-harassment order relates should have been refused on one of the grounds specified in section 254C(3);

(b) the protected person no longer resides or stays in Scotland;

(c) where the prohibitions or restrictions contained in the European Protection Order have been modified and no longer constitute a protection measure;

(d) the European Protection Order has been revoked or withdrawn by the competent authority of the issuing state; or

(e) a decision on supervision measures, within the meaning of Article 4 of Framework Decision 2009/829/JHA, which includes the prohibitions or restrictions contained in the European Protection Order, is transferred to Scotland after the recognition of the European Protection Order.

(6) Where a sheriff modifies or revokes a non-harassment order under this section, the sheriff must inform—

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

(b) where possible—

(i) the protected person, and

(ii) the offender.]

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)