Orders to prevent Harassment or Fear of Violence

How Sentencing Works > Sentencing Home > My Sentencing Hearing > Restraining Orders

“Restraining orders can be imposed in either the magistrates’ court or Crown Court when a defendant is being sentenced for any criminal offence and in some circumstances even where the defendant is found Not Guilty after trial.”

On this page …

When can the court impose a Restraining Order?
Varying or discharging a Restraining Order
Breach of Restraining Order

When can the court impose a Restraining Order?

Restraining orders can be imposed in either the magistrates’ court or Crown Court when a defendant is being sentenced for any criminal offence and in some circumstances even where the defendant is found Not Guilty after trial.

Restraining Orders at Sentence

When sentencing a defendant for any offence, a court is also entitled to impose a restraining order. The power to do this is contained in s.360 Sentencing Act 2020.

The purpose of such an order is to protect the victim of the offence (or any other person) from conduct which amounts to harassment or which will cause fear of violence.

The restraining order can be ordered to last for a specific amount of time or be indefinite (until further order).

Restraining Orders on Acquittal

Restraining orders can also be made against defendants who are found Not Guilty (acquitted) of any offence. The power to do this is contained in section 5A of the Protection from Harassment Act 1997

An order can only be made on acquittal where the court considers it necessary to protect a person from harassment by the defendant. There must be evidence available for the judge to be able to reach this view. This is a civil, rather than criminal, order and the judge needs to be satisfied that it is necessary to the civil standard of proof (more likely than not).

The order can be made for a specified period or be indefinite (until further order).