- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (02/10/2015)
- Gwreiddiol (Fel y'i Deddfwyd)
Version Superseded: 01/12/2022
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Criminal Procedure (Scotland) Act 1995, Section 254E is up to date with all changes known to be in force on or before 27 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)This section applies to non-harassment orders made under section 254D(1).
(2)Where a sheriff is informed by a competent authority of an issuing state that the European Protection Order to which a non-harassment order relates has been modified, the sheriff must—
(a)modify the non-harassment order so that the requirements as to the offender’s conduct contained in the modified non-harassment order correspond, to the highest degree possible, to the prohibitions or restrictions contained in the modified European Protection Order;
(b)where the information submitted by the competent authority of the issuing state in relation to the modification of the European Protection Order is incomplete, refuse to modify the non-harassment order until the missing information is provided by the competent authority of the issuing state; or
(c)where the prohibitions or restrictions contained in the modified European Protection Order no longer constitute a protection measure, revoke the non-harassment order.
(3)A sheriff may, on the application of an offender to whom a non-harassment order relates, modify the order on either or both of the following grounds—
(a)that the requirements as to the offender’s conduct contained in the non-harassment order do not correspond, or do not correspond sufficiently, to the prohibitions or restrictions contained in the European Protection Order to which the non-harassment order relates;
(b)the European Protection Order to which the non-harassment order relates has been modified by the competent authority of the issuing state and the non-harassment order should be modified in a similar manner.
(4)Where a sheriff is informed by a competent authority of an issuing state that the European Protection Order to which a non-harassment order relates has been revoked or withdrawn, the sheriff must revoke the non-harassment order.
(5)A sheriff may, on the application of an offender to whom a non-harassment order relates, revoke the order on any of the following grounds—
(a)the recognition of the European Protection Order to which the non-harassment order relates should have been refused on one of the grounds specified in section 254C(3);
(b)the protected person no longer resides or stays in Scotland;
(c)where the prohibitions or restrictions contained in the European Protection Order have been modified and no longer constitute a protection measure;
(d)the European Protection Order has been revoked or withdrawn by the competent authority of the issuing state; or
(e)a decision on supervision measures, within the meaning of Article 4 of Framework Decision 2009/829/JHA, which includes the prohibitions or restrictions contained in the European Protection Order, is transferred to Scotland after the recognition of the European Protection Order.
(6)Where a sheriff modifies or revokes a non-harassment order under this section, the sheriff must inform—
(a)the competent authority of the issuing state; and
(b)where possible—
(i)the protected person, and
(ii)the offender.]
Textual Amendments
F1Ss. 254A-254E and cross-heading inserted (11.3.2015) by The European Protection Order (Scotland) Regulations 2015 (S.S.I. 2015/107), regs. 1(2), 2(2)
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