Offence of breaching
non-molestation order (1) A
person who without reasonable excuse does anything that
he is prohibited from doing by a non-molestation order is
guilty of an offence.
(2) In the case of a
non-molestation order made by virtue of section 45(1), a
person can be guilty of an offence under this section
only in respect of conduct engaged in at a time when he
was aware of the existence of the order.
(3) Where a person is convicted
of an offence under this section in respect of any
conduct, that conduct is not punishable as a contempt of
court.
(4) A person cannot be convicted
of an offence under this section in respect of any
conduct which has been punished as a contempt of court.
(5) A person guilty of an offence
under this section is liable
(a) on conviction on indictment,
to imprisonment for a term not exceeding five years, or a
fine, or both;
(b) on summary conviction, to
imprisonment for a term not exceeding the general limit
in a magistrates court, or a fine not exceeding the
statutory maximum, or both.
(6) A reference in any enactment
to proceedings under this Part, or to an order under this
Part, does not include a reference to proceedings for an
offence under this section or to an order made in such
proceedings.
Enactment includes an
enactment contained in subordinate legislation within the
meaning of the Interpretation Act 1978 (c. 30)
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