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Domestic Violence, Crime and Victims Act 2004

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12Restraining orders: England and WalesE+W

This sectionnoteType=Explanatory Notes has no associated

(1)In section 5 of the Protection from Harassment Act 1997 (c. 40) (power to make restraining order where defendant convicted of offence under section 2 or 4 of that Act), in subsection (1) omit “under section 2 or 4”.

(2)After subsection (3) of that section insert—

(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.

(3)After subsection (4) of that section insert—

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

(4)After subsection (6) of that section insert—

(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.

(5)After that section insert—

5ARestraining orders on acquittal

(1)A court before which a person (“the defendant”) is acquitted of an offence may, if it considers it necessary to do so to protect a person from harassment by the defendant, make an order prohibiting the defendant from doing anything described in the order.

(2)Subsections (3) to (7) of section 5 apply to an order under this section as they apply to an order under that one.

(3)Where the Court of Appeal allow an appeal against conviction they may remit the case to the Crown Court to consider whether to proceed under this section.

(4)Where—

(a)the Crown Court allows an appeal against conviction, or

(b)a case is remitted to the Crown Court under subsection (3),

the reference in subsection (1) to a court before which a person is acquitted of an offence is to be read as referring to that court.

(5)A person made subject to an order under this section has the same right of appeal against the order as if—

(a)he had been convicted of the offence in question before the court which made the order, and

(b)the order had been made under section 5.

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