9 Breach of non-harassment order.S
(1)Any person who is F1... in breach of a non-harassment order made under section 8 [F2or section 8A] is guilty of an offence and liable—
(a)on conviction on indictment, to imprisonment for a term not exceeding five years or to a fine, or to both such imprisonment and such fine; and
(b)on summary conviction, to imprisonment for a period not exceeding six months or to a fine not exceeding the statutory maximum, or to both such imprisonment and such fine.
(2)A breach of a non-harassment order shall not be punishable other than in accordance with subsection (1).
[F3(3)A constable may arrest without warrant any person he reasonably believes is committing or has committed an offence under subsection (1).
(4)Subsection (3) is without prejudice to any power of arrest conferred by law apart from that subsection.]
Textual Amendments
F1Words in s. 9(1) repealed (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 49(2)(a), 89(2); S.S.I. 2003/288, art. 2, Sch.
F2Words in s. 9(1) inserted (21.7.2011) by Domestic Abuse (Scotland) Act 2011 (asp 13), ss. 1(3), 5(2)
F3S. 9(3) - S. 9(4) inserted (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 49(2)(b), 89(2); S.S.I. 2003/288, art. 2, Sch.