England and Wales
3Civil remedy
1
An actual or apprehended breach of section 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 a 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 a county court, to a judge or district judge of that or any other county court.
5
The judge or district 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 or district 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 a 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.