Breach of a Restraining Order (Section 363 Sentencing Act 2020)

Breach of a Restraining Order is an offence under s.363 Sentencing Act 2020. It is an offence for a person who is subject to a restraining order without reasonable excuse to do anything prohibited by the restraining order (s.363(1)). Section 5 of the Protection from Harassment Act 1997, which formerly created the offence, was repealed on 1 December 2020 by the Sentencing Act 2020, s.416(1) and Schedule 28. Maximum sentence: on summary conviction, imprisonment for a term not exceeding the general limit in a magistrates' court (12 months in the case of an offence triable either way, Sentencing Act 2020, s.224(1A)(b)), or a fine, or both; on conviction on indictment, imprisonment for a term not exceeding 5 years, or a fine, or both (s.363(2)). Subsection (1) does not apply to conduct which the Secretary of State certifies related to national security, the economic well-being of the United Kingdom or the prevention or detection of serious crime and was done on behalf of the Crown (s.363(3)). A court dealing with a person for the offence may vary or discharge the restraining order by a further order (s.363(6)).

In practice

This is an either-way offence: it may be tried at the magistrates' court or the Crown Court. Mode of trial depends on the seriousness and the defendant's election. The suspect must be cautioned in accordance with Code C PACE 1984 before any questions about the offence are put to them. Interviews must be audio-recorded (Code E) or, for indictable offences, may be visually recorded (Code F).