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Abusive Behaviour and Sexual Harm (Scotland) Act 2016
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This version of this cross heading contains provisions that are prospective.
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Abusive Behaviour and Sexual Harm (Scotland) Act 2016, Cross Heading: Enforcement is up to date with all changes known to be in force on or before 30 March 2023. 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 Act (including any effects on those provisions):
- s. 37(1A) inserted by 2022 c. 32 s. 177(7)(a)
Prospective
EnforcementS
24Offence of breaching orderS
(1)A person commits an offence if, without reasonable excuse, the person—
(a)does something which the person is prohibited from doing, or
(b)fails to do something which the person is required to do,
by a sexual harm prevention order or an interim sexual harm prevention order.
(2)A person who commits an offence under subsection (1) is liable—
(a)on summary conviction, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both),
(b)on conviction on indictment, to imprisonment for a term not exceeding 5 years or a fine (or both).
(3)Where a person is convicted of an offence under subsection (1), it is not open to the court by or before which the person is convicted—
(a)to make a community payback order in respect of the offence, or
(b)to dispose of the matter by—
(i)dismissing the person with an admonition, or
(ii)discharging the person absolutely.
(4)A person may be prosecuted, tried and punished for an offence under subsection (1) of failing to comply with a prohibition on foreign travel—
(a)in any sheriff court district in which the person is apprehended or in custody, or
(b)in such sheriff court district as the Lord Advocate may determine,
as if the offence had been committed in that district (and the offence is, for all purposes incidental to or consequential on the trial or punishment, to be deemed to have been committed in that district).
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