FOURTH GROUP OF PARTSFurther powers relating to sentencing
PART 11Behaviour orders
C1CHAPTER 3Protection from harassment
I1359Restraining order
1
In this Code “restraining order” means an order made under section 360 against a person which prohibits the person from doing anything described in the order.
2
A restraining order may have effect—
a
for a period specified in the order, or
b
until further order.
I2360Restraining order: availability
1
This section applies where a court is dealing with an offender for an offence.
2
The court may make a restraining order under this section against the offender for the purpose of protecting the victim or victims of the offence, or any other person mentioned in the order, from conduct which—
a
amounts to harassment, or
b
will cause a fear of violence.
3
But the court may make a restraining order under this section only if it does so in addition to dealing with the offender for the offence.
I3361Procedure for varying or discharging restraining order
1
Where a person is subject to a restraining order—
a
that person,
b
the prosecution, or
c
any other person mentioned in the order,
may apply to the court which made the order for it to be varied or discharged by a further order.
2
Any person mentioned in the order is entitled to be heard on the hearing of an application under subsection (1).
I4362Evidence in proceedings relating to restraining orders
1
This section applies to—
a
proceedings under section 360 for the making of a restraining order;
b
proceedings under section 361 or 363(6) for the variation or discharge of a restraining order.
2
In any such proceedings, 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 of the Protection from Harassment Act 1997 (civil remedy).
I5363Offence of breaching restraining order
1
It is an offence for a person who is subject to a restraining order without reasonable excuse to do anything prohibited by the restraining order.
2
A person guilty of an offence under this section is liable—
a
on summary conviction, to imprisonment for a term not exceeding 6 months, or a fine, or both;
b
on conviction on indictment, to imprisonment for a term not exceeding 5 years, or a fine, or both.
3
Subsection (1) does not apply to conduct of a person on a particular occasion if the Secretary of State certifies that, in the opinion of the Secretary of State, anything done by that person on that occasion related to—
a
national security,
b
the economic well-being of the United Kingdom, or
c
the prevention or detection of serious crime,
and was done on behalf of the Crown.
4
A certificate under subsection (3) is conclusive evidence that subsection (1) does not apply to conduct of that person on that occasion.
5
A document purporting to be a certificate under subsection (3) is to be received in evidence and, unless the contrary is proved, to be treated as being such a certificate.
6
A court dealing with a person for an offence under this section may vary or discharge the restraining order by a further order.
I6364Restraining orders: meaning of “conduct” and “harassment”
For the purposes of this Chapter—
“conduct” includes speech;
“harassment”, in relation to a person, includes—
- a
alarming the person, or
- b
causing the person distress.
- a
Pt. 11 Ch. 3 modified by S.I. 2014/3300, reg.13(2) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 425 (with Sch. 27); S.I. 2020/1236, reg. 2)