Part 2Criminal Justice
Assault, harassment etc
12Restraining orders: England and Wales
1
In section 5 of the Protection from Harassment Act 1997 (c. 40) (power to make restraining order where defendant convicted of offence under section 2 or 4 of that Act), in subsection (1) omit “under section 2 or 4”.
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5
After that section insert—
5ARestraining orders on acquittal
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.
2
Subsections (3) to (7) of section 5 apply to an order under this section as they apply to an order under that one.
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.