(1)A court sentencing or otherwise dealing with a person (“the defendant”) convicted of an offence F2... 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 [F3or victims] of the offence, or any other person mentioned in the order, from F4... 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.
[F5(3A)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.
[F6(4A)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.
[F7(7)A court dealing with a person for an offence under this section may vary or discharge the order in question by a further order.]
Textual Amendments
F1Words in s. 5 heading inserted (30.9.2009) by Domestic Violence, Crime and Victims Act 2004 (c. 28), s. 60, Sch. 10 para. 43(2); S.I. 2009/2501, art. 2(d)
F2Words in s. 5(1) repealed (30.9.2009) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. 12(1), 60, Schs. 11 (with Sch. 12 para. 5(1)); S.I. 2009/2501, art. 2(a)(e)
F3Words in s. 5(2) inserted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 125(6), 178(8); S.I. 2005/1521, art. 3(1)(m)
F4Word in s. 5(2) repealed (30.9.2009) by Domestic Violence, Crime and Victims Act 2004 (c. 28), s. 60, Sch. 10 para. 43(3), Sch. 11 (with Sch. 12 para. 5(1)(3)); S.I. 2009/2501, art. 2(d)(e)
F5S. 5(3A) inserted (30.9.2009) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. 12(2), 60 (with Sch. 12 para. 5(2)); S.I. 2009/2501, art. 2(a)
F6S. 5(4A) inserted (30.9.2009) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. 12(3), 60; S.I. 2009/2501, art. 2(a)
F7S. 5(7) inserted (30.9.2009) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. 12(4), 60 (with Sch. 12 para. 5(3)); S.I. 2009/2501, art. 2(a)
Modifications etc. (not altering text)
C1S. 5 modified (30.9.1998) by 1998 c. 37, s. 32(7); S.I. 1998/2327, art. 2(1)(g)
C2S. 5 modified (11.1.2015) by The Criminal Justice (European Protection Order) (England and Wales) Regulations 2014 (S.I. 2014/3300), regs. 1(1), 13
C3S. 5 modified (11.1.2015) by The Criminal Justice (European Protection Order) (England and Wales) Regulations 2014 (S.I. 2014/3300), regs. 1(1), 17(7)