Protection from Harassment Act 1997
1997 Chapter 40 - continued
Scotland - continued

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Breach of non-harassment order.     9. - (1) Any person who is found to be in breach of a non-harassment order made under section 8 is guilty of an offence and liable-
 
 
    (a) on conviction on indictment, to imprisonment for a term not exceeding five years or to a fine, or to both such imprisonment and such fine; and
 
    (b) on summary conviction, to imprisonment for a period not exceeding six months or to a fine not exceeding the statutory maximum, or to both such imprisonment and such fine.
      (2) A breach of a non-harassment order shall not be punishable other than in accordance with subsection (1).
 
Limitation.     10. - (1) After section 18A of the Prescription and Limitation (Scotland) Act 1973 there is inserted the following section-
 
 
"Actions of harassment.     18B. - (1) This section applies to actions of harassment (within the meaning of section 8 of the Protection from Harassment Act 1997) which include a claim for damages.
 
    (2) Subject to subsection (3) below and to section 19A of this Act, no action to which this section applies shall be brought unless it is commenced within a period of 3 years after-
 
 
    (a) the date on which the alleged harassment ceased; or
 
    (b) the date, (if later than the date mentioned in paragraph (a) above) on which the pursuer in the action became, or on which, in the opinion of the court, it would have been reasonably practicable for him in all the circumstances to have become, aware, that the defender was a person responsible for the alleged harassment or the employer or principal of such a person.
      (3) In the computation of the period specified in subsection (2) above there shall be disregarded any time during which the person who is alleged to have suffered the harassment was under legal disability by reason of nonage or unsoundness of mind.".
 
      (2) In subsection (1) of section 19A of that Act (power of court to override time-limits), for "section 17 or section 18 and section 18A" there is substituted "section 17, 18, 18A or 18B".
 
Non-harassment order following criminal offence.     11. After section 234 of the Criminal Procedure (Scotland) Act 1995 there is inserted the following section-
 
 

"Non-harassment orders
Non-harassment orders.     234A. - (1) Where a person is convicted of an offence involving harassment of a person ("the victim"), the prosecutor may apply to the court to make a non-harassment order against the offender requiring him to refrain from such conduct in relation to the victim as may be specified in the order for such period (which includes an indeterminate period) as may be so specified, in addition to any other disposal which may be made in relation to the offence.
 
      (2) On an application under subsection (1) above the court may, if it is satisfied on a balance of probabilities that it is appropriate to do so in order to protect the victim from further harassment, make a non-harassment order.
 
      (3) A non-harassment order made by a criminal court shall be taken to be a sentence for the purposes of any appeal and, for the purposes of this subsection "order" includes any variation or revocation of such an order made under subsection (6) below.
 
      (4) Any person who is found to be in breach of a non-harassment order shall be guilty of an offence and liable-
 
 
    (a) on conviction on indictment, to imprisonment for a term not exceeding 5 years or to a fine, or to both such imprisonment and such fine; and
 
    (b) on summary conviction, to imprisonment for a period not exceeding 6 months or to a fine not exceeding the statutory maximum, or to both such imprisonment and such fine.
      (5) The Lord Advocate, in solemn proceedings, and the prosecutor, in summary proceedings, may appeal to the High Court against any decision by a court to refuse an application under subsection (1) above; and on any such appeal the High Court may make such order as it considers appropriate.
 
      (6) The person against whom a non-harassment order is made, or the prosecutor at whose instance the order is made, may apply to the court which made the order for its revocation or variation and, in relation to any such application the court concerned may, if it is satisfied on a balance of probabilities that it is appropriate to do so, revoke the order or vary it in such manner as it thinks fit, but not so as to increase the period for which the order is to run.
 
      (7) For the purposes of this section "harassment" shall be construed in accordance with section 8 of the Protection from Harassment Act 1997.".
 
 
General
National security, etc.     12. - (1) If the Secretary of State certifies that in his opinion anything done by a specified person on a specified occasion related to-
 
 
    (a) national security,
 
    (b) the economic well-being of the United Kingdom, or
 
    (c) the prevention or detection of serious crime,
  and was done on behalf of the Crown, the certificate is conclusive evidence that this Act does not apply to any conduct of that person on that occasion.
 
      (2) In subsection (1), "specified" means specified in the certificate in question.
 
      (3) A document purporting to be a certificate under subsection (1) is to be received in evidence and, unless the contrary is proved, be treated as being such a certificate.
 
Corresponding provision for Northern Ireland.     13. An Order in Council made under paragraph 1(1)(b) of Schedule 1 to the Northern Ireland Act 1974 which contains a statement that it is made only for purposes corresponding to those of sections 1 to 7 and 12 of this Act-
 
 
    (a) shall not be subject to sub-paragraphs (4) and (5) of paragraph 1 of that Schedule (affirmative resolution of both Houses of Parliament), but
 
    (b) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Extent.     14. - (1) Sections 1 to 7 extend to England and Wales only.
 
      (2) Sections 8 to 11 extend to Scotland only.
 
      (3) This Act (except section 13) does not extend to Northern Ireland.
 
Commencement.     15. - (1) Sections 1, 2, 4, 5 and 7 to 12 are to come into force on such day as the Secretary of State may by order made by statutory instrument appoint.
 
      (2) Sections 3 and 6 are to come into force on such day as the Lord Chancellor may by order made by statutory instrument appoint.
 
      (3) Different days may be appointed under this section for different purposes.
 
Short title.     16. This Act may be cited as the Protection from Harassment Act 1997.
 
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