England and Wales

Civil remedy.
3
1
An actual or apprehended breach of section 1(1) may be the subject of a claim in civil proceedings by the person who is or may be the victim of the course of conduct in question.
2
On such a claim, damages may be awarded for (among other things) any anxiety caused by the harassment and any financial loss resulting from the harassment.
3
Where—
a
in such proceedings the High Court or the county court grants an injunction for the purpose of restraining the defendant from pursuing any conduct which amounts to harassment, and
b
the plaintiff considers that the defendant has done anything which he is prohibited from doing by the injunction,
the plaintiff may apply for the issue of a warrant for the arrest of the defendant.
4
An application under subsection (3) may be made—
a
where the injunction was granted by the High Court, to a judge of that court, and
b
where the injunction was granted by the county court, to a judge of that court.
5
The judge ... to whom an application under subsection (3) is made may only issue a warrant if—
a
the application is substantiated on oath, and
b
the judge ... has reasonable grounds for believing that the defendant has done anything which he is prohibited from doing by the injunction.
6
Where—
a
the High Court or the county court grants an injunction for the purpose mentioned in subsection (3)(a), and
b
without reasonable excuse the defendant does anything which he is prohibited from doing by the injunction,
he is guilty of an offence.
7
Where a person is convicted of an offence under subsection (6) in respect of any conduct, that conduct is not punishable as a contempt of court.
8
A person cannot be convicted of an offence under subsection (6) in respect of any conduct which has been punished as a contempt of court.
9
A person guilty of an offence under subsection (6) is liable—
a
on conviction on indictment, to imprisonment for a term not exceeding five years, or a fine, or both, or
b
on summary conviction, to imprisonment for a term not exceeding six months, or a fine not exceeding the statutory maximum, or both.
S. 3 wholly in force at 1.9.1998; S. 3 not in force at Royal Assent see s. 15; s. 3(1)(2) in force at 16.6.1997 by S.I. 1997/1498, art. 2; s. 3(3)-(9) in force at 1.9.1998 by S.I. 1998/1902, art. 2
Words in s. 3(1) substituted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 125(4), 178(8); S.I. 2005/1521, art. 3(1)(m)
Words in s. 3 substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 39(a); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
Words in s. 3(4)(b) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 39(b); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
Words in s. 3(5) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 39(c); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)