PART XI Sentencing
F1European Protection Orders
254AEuropean Protection Orders: interpretation
In this section and in sections 254B, 254C, 254D and 254E, except where the context otherwise requires—
“competent authority” means the judicial or equivalent authority in a member state of the European Union which has power to issue and recognise a European Protection Order;
“European Protection Order” means a decision—
- a
taken in relation to a protection measure by a competent authority in a member state of the European Union; and
- b
on the basis of which the competent authority of another member state of the European Union may take any appropriate measure or measures under its own national law with a view to continuing the protection of the protected person,
- a
“issuing state” in relation to a European Protection Order, means the member state of the European Union, other than the United Kingdom, whose competent authority has issued the Order;
“offender” in relation to a protection measure or, as the case may be, a non-harassment order made under section 254D(1), means the individual whose conduct is the subject of the measure or order;
“protected person” in relation to a protection measure or, as the case may be, a non-harassment order made under section 254D(1), means the individual who is the object of the protection given by the measure or order;
“protection measure” means a decision taken in criminal matters which is intended to protect a protected person from the criminal conduct of the offender by imposing one or more of the following prohibitions or restrictions—
- a
prohibiting the offender from entering certain localities, places or defined areas where the protected person resides or visits;
- b
prohibiting the offender from contacting, or regulating the offender’s contact with, the protected person in any form (for example by telephone, electronic or ordinary mail or fax); or
- c
prohibiting the offender from coming closer than a prescribed distance to the protected person or regulating the approach of the offender to the protected person within such a distance.
- a
Ss. 254A-254E and cross-heading inserted (11.3.2015) by The European Protection Order (Scotland) Regulations 2015 (S.S.I. 2015/107), regs. 1(2), 2(2)