England and Wales

C1C2C35 Restraining orders. F2on conviction

1

A court sentencing or otherwise dealing with a person (“the defendant”) convicted of an offence F6... may (as well as sentencing him or dealing with him in any other way) make an order under this section.

2

The order may, for the purpose of protecting the victim F1or victims of the offence, or any other person mentioned in the order, from F7... conduct which—

a

amounts to harassment, or

b

will cause a fear of violence,

prohibit the defendant from doing anything described in the order.

3

The order may have effect for a specified period or until further order.

F33A

In proceedings under this section both the prosecution and the defence may lead, as further evidence, any evidence that would be admissible in proceedings for an injunction under section 3.

4

The prosecutor, the defendant or any other person mentioned in the order may apply to the court which made the order for it to be varied or discharged by a further order.

F44A

Any person mentioned in the order is entitled to be heard on the hearing of an application under subsection (4).

5

If without reasonable excuse the defendant does anything which he is prohibited from doing by an order under this section, he is guilty of an offence.

6

A person guilty of an offence under this section 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.

F57

A court dealing with a person for an offence under this section may vary or discharge the order in question by a further order.