[F14(1)A person who without reasonable excuse does anything that the person is prohibited from doing by an FGM protection order is guilty of an offence.E+W+N.I.
(2)In the case of an FGM protection order made by virtue of paragraph 5(1), a person can be guilty of an offence under this paragraph only in respect of conduct engaged in at a time when the person was aware of the existence of the order.
(3)Where a person is convicted of an offence under this paragraph in respect of any conduct, the conduct is not punishable as a contempt of court.
(4)A person cannot be convicted of an offence under this paragraph in respect of any conduct which has been punished as a contempt of court.
(5)A person guilty of an offence under this paragraph is liable—
(a)on conviction on indictment, to imprisonment for a term not exceeding five years, or a fine, or both;
(b)on summary conviction, to imprisonment for a term not exceeding [F2the general limit in a magistrates’ court] , or a fine, or both.
(6)A reference in any enactment to proceedings under this Part of this Schedule, or to an order under this Part of this Schedule, does not include a reference to proceedings for an offence under this paragraph or to an order made in proceedings for such an offence.
(7)“Enactment” includes an enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978.]
Textual Amendments
F1Sch. 2 inserted (17.7.2015) by Serious Crime Act 2015 (c. 9), ss. 73(2), 88(1) (with s. 86(14)(15)); S.I. 2015/1428, reg. 2(a)
F2Words in Sch. 2 para. 4(5)(b) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1