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Restraint Orders

Volume 457: debated on Tuesday 6 March 2007

To ask the Secretary of State for the Home Department if he will bring forward proposals to include provisions for extending restraining orders in circumstances where the original order is breached; and if he will make a statement. (122654)

Section 12(4) of the Domestic Violence, Crime and Victims Act 2004 will give a court dealing with a person for breach of a restraining order the power to make a further restraining order. This provision is due to come into force on 1 July 2007. In the meantime, the prosecutor, defendant or any person named in the Order may apply to the court which made the order at any time to have the order varied or discharged.

To ask the Secretary of State for the Home Department what plans he has to extend restraining orders to cover cases of (a) assault, (b) threats to kill and (c) witness intimidation. (122695)

[holding answer 23 February 2007]: Under section 5 of the Protection from Harassment Act 1997, restraining orders are available to the courts when dealing with a person convicted of an offence under that Act of harassment or putting someone in fear of violence.

Section 12(1) of the Domestic Violence, Crime and Victims Act 2004 will amend the 1997 Act so that restraining orders will be available when dealing with a defendant convicted for any offence. Section 12(5) of the Act will also provide the courts with the power to make a restraining order on acquittal if the court considers it necessary to do so to protect a person from harassment. These provisions are due to come into force on 1 July 2007.