§ (".—(1) The court may attach a power of arrest to one or more provisions of a non-molestation order unless satisfied that in all the circumstances of the case the applicant will be adequately protected without such power of arrest.
§ (2) A respondent who breaches any provision of a non-molestation order is guilty of an offence.
§ (3) A person guilty of an offence under this section shall be liable upon conviction on indictment to imprisonment for a term not exceeding 2 years or a fine or both, or on summary conviction to imprisonment for a term not exceeding 6 months or a fine not exceeding level 4 on the standard scale or both.
§ (4) If the court attaches a power of arrest to any provisions of a relevant order, it may provide that the power of arrest is to have effect for a shorter period than the other provisions of the order.
§ (5) Any period specified for the purposes of subsection (4), the court attaches a power of arrest to any provisions of the relevant order, it may provide that the power of arrest is to have effect for a shorter period than the other provisions of the order.
§ (6) Any period specified for the purposes of subsection (4) may be extended by the court (on one or more occasions) on an application to vary or discharge the relevant order.
§ (7) If a power of arrest is attached to certain provisions of an order, a constable may arrest without warrant a person whom he has reasonable cause to suspect to be in breach of any such provision.
§ (8) If a power of arrest is attached under subsection (1) to certain provisions of the order and the respondent is arrested under subsection (7)—
- (a) he must be brought before the relevant judicial authority within the period of 24 hours beginning at the time of his arrest; and
- (b) if the matter is not then disposed of forthwith, the relevant judicial authority before whom he is brought may remand him.
§ In reckoning for the purposes of this subsection any period of 24 hours, no account is to be taken of Christmas Day, Good Friday or any Sunday.
§ (9) If the court has made a non-molestation order but—
- (a) has not attached a power of arrest under subsection (1) to any provisions of the order; or
- (b) has attached that power only to certain provisions of the order,
§ (10) The relevant judicial authority shall not issue a warrant on an application under subsection (9) unless—
- (a) the application is substantiated on oath; and
- (b) the relevant judicial authority has reasonable grounds for believing that the respondent has failed to comply with the order.
§ (11) If a person is brought before a court by virtue of a warrant issued under subsection (10) and the court does not dispose of the matter forthwith, the court may remand him.
1205§ (12) Schedule (Powers of High Court and county court to remand) (which makes provision corresponding to that applying in magistrates' courts in civil cases under sections 128 and 129 of the Magistrates' Courts Act 1980) has effect in relation to the powers of the High Court and a county court to remand a person by virtue of this section.
§ (13) If a person remanded under this section is granted bail (whether in the High Court or a county court under Schedule (Powers of High Court and county court to remand) or in a magistrates' court under section 128 or 129 of the Magistrates' Courts Act 1980), he may be required by the relevant judicial authority to comply, before release on bail or later, with such requirements as appear to that authority to be necessary to secure that he does not interfere with witnesses or otherwise obstruct the course of justice.").
§ On Question, amendment agreed to.
§ Lord McIntosh of Haringey moved Amendment No, 23:
§ After Clause 3, insert the following new clause—
§ (".—(1) A non-molestation order may be varied or discharged by the court on an application by—
- (a) the respondent; or
- (b) the person on whose application the order was made.
§ (2) If, by virtue of section (Breach of Order)(1), a power of arrest has been attached to certain provisions of a non-molestation order, the court may vary or discharge the order under subsection (1) in so far as it confers a power of arrest (whether or not any application has been made to vary or discharge any other provision of the order).").
§ On Question, amendment agreed to.
§ Clause 4 negatived.
§ Clause 5 [Citation, commencement and extent]:
§
Lord McIntosh of Haringey moved Amendment No. 24:
Page 3, line 17, leave out ("one month") and insert ("two months")
§ On Question, amendment agreed to.
§ Clause 5, as amended, agreed to.
§ Lord McIntosh of Haringey moved Amendment No. 25:
§ After Clause 5, insert the following new schedule—