FOURTH GROUP OF PARTSFurther powers relating to sentencing
PART 11Behaviour orders
C1CHAPTER 3Protection from harassment
I1363Offence 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.
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)