Criminal Law Legislation Update
| DOI | 10.1350/jcla.2010.74.1.609 |
| Author | Laura McGowan |
| Published date | 01 February 2010 |
| Date | 01 February 2010 |
| Subject Matter | Article |
Criminal Law
Legislation Update*
Laura McGowan†
Primary legislation
The Coroners and Justice Act 2009 and the Crime and Policing Bill 2009
received Royal Assent on 12 November 2009. The provisions will be
covered in later updates.
Statutory instruments
The Domestic Violence, Crime and Victims Act 2004 (Commence-
ment No. 11) Order 2009 (SI 2009 No. 2501) brings into force on 30
September 2009, s. 12 of the Domestic Violence Crime and Victims Act
2004. This extends the range of circumstances in which a restraining
order can be made under the Protection from Harassment Act 1997.
Two distinct changes are made to the Act. First, restraining orders can
be issued following conviction for any offence rather just offences
covered by the 1997 Act. Secondly, restraining orders can also be issued
following an acquittal for any offence, if the court considers such action
necessary to protect an individual (or individuals) from future
harassment.
Restraining orders will therefore be available for all offences, and
following acquittal for all offences, provided the court considers the
imposition of a restraining order necessary to protect a person from
harassment. The terms of a restraining order must be clear, precise and
easily understood so that there is no doubt as to its conditions.
Under the newly inserted s. 5A (5) of the 1997 Act a person made
subject to a restraining order under these provisions has the same right
of appeal against the order as if he had been convicted of the offence in
question before the court which made the order.
Section 4A of the 1997 Act (as inserted by s. 12 (3) of the 2004 Act)
gives the right to any persons mentioned in the restraining order to
make representations in court if an application is made to vary or
terminate the order.
It is an offence to do anything prohibited by a restraining order
without reasonable excuse (1997 Act, s. 5(5)). The maximum penalty
for breach of an order is five years’ imprisonment following conviction
on indictment and six months’ summarily (1997 Act, s. 5(6)).
Restraining orders may still be imposed either for a specified period or
until a further order is made (1997 Act, s. 5(3)). An application for a
* As at 15 November 2009.
† Barrister, Carmelite Chambers; e-mail: laurajmcgowan@gmail.com.
4The Journal of Criminal Law (2010) 74 JCL 3–6
doi:10.1350/jcla.2010.74.1.609
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