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New restraining order powers launched

Wednesday 30 September 2009

Minister of State Paul Goggins MPCriminal Justice Minister Paul Goggins, MP has welcomed robust new measures that will give the courts greater powers to impose restraining orders on abusers charged with any offence – even if they are not convicted but still considered a threat.

The new powers, commenced today, under the Domestic Violence Crime and Victims Act 2004 will offer further protection to those victims who are subject to harassment and domestic violence abuse.

Paul Goggins said: “These new rules will allow the courts to serve a restraining order for any offence even when someone has been acquitted in order to better protect victims.

“The introduction of a new maximum penalty of five years imprisonment for breach of a restraining order is a further indication that continued abuse and harassment by perpetrators will not be tolerated.

“Government are fully committed in tackling domestic violence and these additional powers will greatly enhance the improved services and support for those victims who suffer at the hands of their abusers.

“Domestic violence is a heinous crime and those who carry out such deplorable acts must be held to account for their behaviour.”

Notes to Editors

  1. Restraining orders can be a powerful tool in protecting victims in cases from harassment, but have previously been available only in limited circumstances such as, where the defendant has been convicted of harassment or putting someone in fear of violence.  Allowing courts to impose orders when sentencing for any offence will improve the protection available to all victims.
  2. Section 13 orders are legislated for by the Domestic Violence Crime and Victims Act 2004.  The Act extends the courts’ powers under the criminal provisions of the Protection from Harassment (Northern Ireland) Order 1997, to enable them to impose restraining orders when sentencing for any offence or on acquittal, if it is considered necessary to protect the victim.  It also gives any person mentioned in a restraining order the right to make representations in court if an application is made to vary or terminate the order
  3. For more information contact NIO Criminal Law Branch on 028 90 527142
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