(1) A court before which a person (“ the defendant ”) is acquitted of an offence may, if it considers it necessary to do so to protect a person from harassment by the defendant, make an order prohibiting the defendant from doing anything described in the order.
[F2(2)The order may have effect for a specified period or until further order.
(2A)In proceedings under this section both the prosecution and the defence may lead, as further evidence, any evidence that would be admissible in proceedings for an injunction under section 3.
(2B)The prosecutor, the defendant or any other person mentioned in the order may apply to the court that made the order for it to be varied or discharged by a further order.
(2C)Any person mentioned in the order is entitled to be heard on the hearing of an application under subsection (2B).
(2D)It is an offence for the defendant, without reasonable excuse, to do anything that the defendant is prohibited from doing by an order under this section.
(2E)A person guilty of an offence under this section is liable—
(a)on conviction on indictment, to imprisonment for a term not exceeding five years, or a fine, or both, or
(b)on summary conviction, to imprisonment for a term not exceeding six months, or a fine, or both.
(2F)A court dealing with a person for an offence under this section may vary or discharge the order in question by a further order.]
(3)Where the Court of Appeal allow an appeal against conviction they may remit the case to the Crown Court to consider whether to proceed under this section.
(4)Where—
(a)the Crown Court allows an appeal against conviction, or
(b)a case is remitted to the Crown Court under subsection (3),
the reference in subsection (1) to a court before which a person is acquitted of an offence is to be read as referring to that court.
(5)A person made subject to an order under this section has the same right of appeal against the order as if—
(a)he had been convicted of the offence in question before the court which made the order, and
(b)the order had been made under section 5.]
Textual Amendments
F1S. 5A inserted (30.9.2009) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. 12(5), 60; S.I. 2009/2501, art. 2(a)
F2S. 5A(2)-(2F) substituted for s. 5A(2) (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 144 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2