Breach of a Protective Order (Section 5A Protection from Harassment Act 1997)

Protection from Harassment Act 1997, s.5A

Either way
5 years' custody

Definition

A court before which a person ("the defendant") is acquitted of an offence may, if it considers it necessary to do so to protect a person from harassment by the defendant, make an order prohibiting the defendant from doing anything described in the order. (Protection from Harassment Act 1997, s.5A(1)) It is an offence for the defendant, without reasonable excuse, to do anything that the defendant is prohibited from doing by an order under this section. (Protection from Harassment Act 1997, s.5A(2D))

Points to prove

The defendant, being a person made subject to an order under s.5A on acquittal
without reasonable excuse
does anything
that the defendant is prohibited from doing by the order

Breach of a Protective Order is an offence under s.5A Protection from Harassment Act 1997. A court before which a person is acquitted of an offence may, if it considers it necessary to do so to protect a person from harassment by the defendant, make an order prohibiting the defendant from doing anything described in the order (s.5A(1)); the order may have effect for a specified period or until further order (s.5A(2)). It is an offence for the defendant, without reasonable excuse, to do anything that the defendant is prohibited from doing by the order (s.5A(2D)). Maximum sentence: on conviction on indictment, imprisonment for a term not exceeding five years, or a fine, or both; on summary conviction, imprisonment for a term not exceeding six months, or a fine, or both (s.5A(2E)). A court dealing with a person for the offence may vary or discharge the order by a further order (s.5A(2F)).

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).

Last updated 20 October 2026. Reviewed 20 October 2026

Mode of trial: Either way
Maximum sentence: 5 years' custody
Act and section: Protection from Harassment Act 1997, s.5A
Power of arrest: A constable may arrest without a warrant anyone who is about to commit the offence, anyone who is in the act of committing it, anyone whom the constable has reasonable grounds for suspecting to be about to commit it or to be committing it and, where the constable has reasonable grounds for suspecting that the offence has been committed or it has been committed, anyone whom the constable has reasonable grounds to suspect of being guilty of it or who is guilty of it; the power is exercisable only if the constable has reasonable grounds for believing that for any of the reasons in s.24(5) (ascertaining the person's name or address, preventing injury, loss or damage, protecting a child or other vulnerable person, allowing the prompt and effective investigation of the offence, or preventing a prosecution being hindered by the person's disappearance) it is necessary to arrest the person (Police and Criminal Evidence Act 1984, s.24(1) to (5)).
Search on arrest: A constable may search a person arrested at a place other than a police station if the constable has reasonable grounds for believing the arrested person may present a danger to himself or others, and may search the person for anything which might be used to assist an escape from lawful custody or which might be evidence relating to an offence, and, the offence being indictable, may enter and search any premises in which the person was when arrested or immediately before arrest for evidence relating to the offence (Police and Criminal Evidence Act 1984, s.32(1) and (2)); a constable may enter and search any premises occupied or controlled by a person under arrest for an indictable offence if the constable has reasonable grounds for suspecting that there is on the premises evidence relating to that offence or to a connected or similar indictable offence, with the written authorisation of an inspector or above except where the person's presence at a place other than a police station is necessary for the effective investigation of the offence (Police and Criminal Evidence Act 1984, s.18(1), (4), (5) and (5A)). The PACE s.1 stop and search power does not attach to this offence, which is not among those listed in s.1(7) to (8A) (Police and Criminal Evidence Act 1984, s.1).
Detention clock: A person must not be kept in police detention for more than 24 hours after the relevant time without being charged (Police and Criminal Evidence Act 1984, s.41(1) and (2)). Because the offence is triable either way it is an indictable offence (Interpretation Act 1978, Schedule 1), so an officer of the rank of superintendent or above responsible for the police station may authorise continued detention for a period expiring at or before 36 hours after the relevant time where detention is necessary to secure or preserve evidence or to obtain it by questioning and the investigation is being conducted diligently and expeditiously (s.42(1)); a magistrates' court may issue a warrant of further detention for a period not longer than 36 hours (s.43(1), (4) and (12)) and may extend it, no extension being longer than 36 hours or ending later than 96 hours after the relevant time (s.44(1) and (3)).
Source: www.legislation.gov.uk/ukpga/1997/40/section/5A