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The Protection from Harassment (Northern Ireland) Order 1997
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The Protection from Harassment (Northern Ireland) Order 1997, Section 5 is up to date with all changes known to be in force on or before 26 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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Whole provisions yet to be inserted into this Order (including any effects on those provisions):
- art. 7(7)-(9) substitued for art. 7(7) by 2016 c. 18 (N.I.) s. 210(1)(b) (W/E as mentioned in s. 210(3)(4))
Civil remedyN.I.
5.—(1) An actual or apprehended breach of Article 3 may be the subject of a claim in civil proceedings by the person who is or may be the victim of the course of conduct in question.
(2) On such a claim, damages may be awarded for (among other things) any anxiety caused by the harassment and any financial loss resulting from the harassment.
(3) Where—
(a)in such proceedings the High Court or a county court grants an injunction for the purpose of restraining the defendant from pursuing any conduct which amounts to harassment; and
(b)the plaintiff considers that the defendant has done anything which he is prohibited from doing by the injunction,
the plaintiff may apply for the issue of a warrant for the arrest of the defendant.
(4) An application under paragraph (3) may be made—
(a)where the injunction was granted by the High Court, to a judge of that court; and
(b)where the injunction was granted by a county court, to a judge of that or any other county court.
(5) The judge to whom an application under paragraph (3) is made may only issue a warrant if—
(a)the application is substantiated on oath; and
(b)the judge has reasonable grounds for believing that the defendant has done anything which he is prohibited from doing by the injunction.
(6) Where—
(a)the High Court or a county court grants an injunction for the purpose mentioned in paragraph (3)(a); and
(b)without reasonable excuse the defendant does anything which he is prohibited from doing by the injunction,
he shall be guilty of an offence.
(7) Where a person is convicted of an offence under paragraph (6) in respect of any conduct, that conduct is not punishable as a contempt of court.
(8) A person cannot be convicted of an offence under paragraph (6) in respect of any conduct which has been punished as a contempt of court.
(9) A person guilty of an offence under paragraph (6) shall be liable—
(a)on conviction on indictment, to imprisonment for a term not exceeding five years, or a fine, or both; or
(b)on summary conviction, to imprisonment for a term not exceeding six months, or a fine not exceeding the statutory maximum, or both.
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