Modifications etc. (not altering text)
C1Pt. 8 applied (with modifications) (31.10.2009) by The Armed Forces (Court Martial) Rules 2009 (S.I. 2009/2041), art. 1, rule 128(2)
(1)The Court Martial or the Service Civilian Court may make an order under this section where—
(a)it convicts or acquits a person (“the defendant”) of an offence; and
(b)the defendant is subject to service law or is a civilian subject to service discipline.
(2)An order under this section—
(a)prohibits the defendant from doing anything described in the order; and
(b)has effect for a fixed period specified in the order or until further order.
(3)An order under this section may be made, and a prohibition may be included in the order, only for the purpose of protecting a person mentioned in the order from conduct which amounts to harassment.
(4)A person subject to service law or a civilian subject to service discipline commits an offence if, without reasonable excuse, he does anything which he is prohibited from doing by an order under this section.
(5)A person guilty of an offence under this section is liable to any punishment mentioned in the Table in section 164, but any sentence of imprisonment imposed in respect of the offence must not exceed five years.
(6)In proceedings for an order under this section, the Director of Service Prosecutions and the defence may lead (as further evidence) any evidence which would be admissible in proceedings in the High Court in England and Wales for an injunction under section 3 of the Protection from Harassment Act 1997 (c. 40).
Commencement Information
I1S. 229 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)
I2S. 229 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4