Sentencing Act 2020

Protection from Harassment Act 1997 (c. 40)

144 In section 5A of the Protection from Harassment Act 1997, for subsection (2) substitute—

“(2) The order may have effect for a specified period or until further order.

(2A) 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.

(2B) The prosecutor, the defendant or any other person mentioned in the order may apply to the court that made the order for it to be varied or discharged by a further order.

(2C) Any person mentioned in the order is entitled to be heard on the hearing of an application under subsection (2B).

(2D) It is an offence for the defendant, without reasonable excuse, to do anything that the defendant is prohibited from doing by an order under this section.

(2E) 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, or both.

(2F) A court dealing with a person for an offence under this section may vary or discharge the order in question by a further order.”