Legal Aid, Sentencing and Punishment of Offenders Act 2012

Legal Aid, Sentencing and Punishment of Offenders Act 2012

2012 CHAPTER 10

ANNEX C: Detailed explanatory note for Part 1 of Schedule 1

Paragraph 37 Protection from harassment

935. Sub-paragraph (1) brings within the scope of civil legal aid services provided in relation to an injunction under section 3 or 3A of the Protection from Harassment Act 1997 and services provided in relation to the variation or discharge of a restraining order under section 5 or 5A of that Act. Sections 3 and 3A of the Protection from Harassment Act 1997 concern the making of injunctions to restrain conduct amounting to harassment. Section 5 of the Protection from Harassment Act 1997 enables a court on sentencing or dealing with a defendant on conviction to make a restraining order to protect a victim or other person from harassment or fear of violence. Section 5A allows a court on acquittal to make a restraining order to protect a person from harassment. Services provided in relation to sections 5 and 5A are within scope only as regards an application to vary or discharge the restraining order made under those provisions, for example where a victim may feel that they may be at risk of danger or harassment from an ex-partner.

936. Sub-paragraph (2) applies the exclusions in Parts 2 and 3 of Schedule 1. Advocacy that may be made available under Part 3 includes advocacy in the Crown Court and a magistrates’ court in relation to an application to vary or discharge a restraining order made under section 5 or 5A of the Protection from Harassment Act 1997 (see, respectively, paragraph 6(a) and paragraph 8(c) of Part 3 of Schedule 1). Injunctions under sections 3 and 3A of the Protection from Harassment Act 1997 are made by the High Court or a county court and, under paragraphs 3 and 5 of Part 3 of Schedule 1, advocacy may be available for such proceedings.