Act of Adjournal (Criminal Procedure Rules Amendment No.2) (Non-harassment order) 1997

SCHEDULE

Rule 20.10A

FORM 20.10A Form of non-harassment order made under section 234A of the Criminal Procedure (Scotland) Act 1995

NON HARASSMENT ORDER

Under section 234A of the Criminal Procedure (Scotland) Act 1995

COURT:

DATE:

OFFENDER:

Address:

Date of birth:

THE COURT, having convicted the offender of (specify offence or offences), being [an offence][offences] involving harassment, within the meaning of section 8 of the Protection from Harassment Act 1997((1) of a person;

AND being satisfied, on the balance of probabilities, that it is appropriate to make an order to protect that person from further harassment;

ORDERS that [for a period of (specify period) from the date of this order][until further order] the offender shall (specify conduct from which offender is to refrain).

(Signed)

CLERK OF COURT.

Rule 20.10B

FORM 20.10B Form of application under section 234A(6) of the Criminal Procedure (Scotland) Act 1995

UNTO THE RIGHT HONOURABLE THE LORD JUSTICE GENERAL, LORD

JUSTICE-CLERK AND LORDS COMMISSIONERS OF JUSTICIARY

[or UNTO THE HONOURABLE THE SHERIFF

OF (name of sheriffdom) AT (place)]

[or UNTO THE JUSTICES in the DISTRICT COURT

OF (name of district) AT (place)]

APPLICATION

by

Her Majesty’s Advocate [or

[A.B.] (address) [or Prisoner in the Prison of (place)]

APPLICANT

HUMBLY SHEWETH:

1.  That a non-harassment order was made against [A.B.] on (date) in the High Court of Justiciary sitting [or in the sheriff court or in the district court] at (place) on (date) in terms of the non-harassment order annexed hereto,

2.  That the applicant applies to the court in terms of section 234A(6) of the Act of 1995 to revoke [or vary] the non-harassment order for the following reasons:–

• (here state reasons).

• MAY IT THEREFORE PLEASE YOUR LORDSHIP[S] [OR THE COURT]:

  (a)

  to [revoke the non-harassment order][vary the non-harassment order by (here state terms of variation of order sought)].

  (b)

  or to do otherwise as to your Lordship[s] [OR to the court] shall seem proper.

• IN RESPECT WHEREOF

• (Signed)

• Advocate Depute [or Procurator Fiscal]

• On behalf of Her Majesty’s Advocate [or]

• [Solicitor for [A.B.]

• (Address and telephone number of solicitor)].

Note:

You must notify the clerk of Court within 14 days of the receipt of this application whether or not you intend to oppose it. Failure so to notify will result in the court disposing of the matter in your absence.

(1)

1997 c. 40.