FOURTH GROUP OF PARTSFurther powers relating to sentencing

PART 11Behaviour orders

CHAPTER 3Protection from harassment

363Offence 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.