Protection from Harassment Act 1997

5 Restraining orders. [F1on conviction]E+W

(1)A court sentencing or otherwise dealing with a person (“the defendant”) convicted of an offence F2... may (as well as sentencing him or dealing with him in any other way) make an order under this section.

(2)The order may, for the purpose of protecting the victim [F3or victims] of the offence, or any other person mentioned in the order, from F4... conduct which—

(a)amounts to harassment, or

(b)will cause a fear of violence,

prohibit the defendant from doing anything described in the order.

(3)The order may have effect for a specified period or until further order.

[F5(3A)In proceedings under this section 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.]

(4)The prosecutor, the defendant or 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.

[F6(4A)Any person mentioned in the order is entitled to be heard on the hearing of an application under subsection (4).]

(5)If without reasonable excuse the defendant does anything which he is prohibited from doing by an order under this section, he is guilty of an offence.

(6)A person guilty of an offence under this section is 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.

[F7(7)A court dealing with a person for an offence under this section may vary or discharge the order in question by a further order.]

Annotations: Help about Annotation

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Modifications etc. (not altering text)

C1S. 5 modified (30.9.1998) by 1998 c. 37, s. 32(7); S.I. 1998/2327, art. 2(1)(g)