[234A Non-harassment orders]
Criminal Procedure (Scotland) Act 1995 (1995 c 46) | Legislation

[Non-harassment orders]

[234A  Non-harassment orders]

[(1)     This section applies where a person is—

(a)     convicted of an offence involving misconduct towards another person (“the victim”),

(b)     acquitted of such an offence by reason of the special defence set out in section 51A, or

(c)     found by a court to be unfit for trial under section 53F in respect of such an offence and the court determines that the person has done the act or made the omission constituting the offence.

(1A)     The prosecutor may apply to the court to make (instead of or in addition to dealing with the person in any other way) a non-harassment order against the person.

(1B)     A non-harassment order is an order requiring the person to refrain, for such period (including an indeterminate period) as may be specified in the order, from such conduct in relation to the victim as may be specified in the order.]

[(2)     On an application under subsection] [(1A)] [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] [harassment (or further harassment)][, make a non-harassment order.]

[(2A)     The court

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