Paragraph 10 Offence of breaching CCE prevention orderI1

Scotland Not yet in force

(1)

A person who, without reasonable excuse, fails to comply with an order mentioned in sub-paragraph (2) commits an offence.

(2)

The orders are—

(a)

a CCE prevention order;

(b)

a CCE prevention order under Chapter 1 of Part 4 (CCE prevention orders on application or acquittal etc. in England and Wales);

(c)

a CCE prevention order under Chapter 2A of Part 11 of the Sentencing Code (CCE prevention orders on conviction in England and Wales);

(d)

a CCE prevention order under Schedule 8 (CCE prevention orders in Northern Ireland).

(3)

A person who commits an offence under this paragraph is liable—

(a)

on summary conviction, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both);

(b)

on conviction on indictment, to imprisonment for a term not exceeding five years or a fine (or both).

(4)

The Scottish Ministers may by regulations amend sub-paragraph (2) so as to add to or remove from the list of orders any relevant UK order.

(5)

In proceedings for an offence under this paragraph, a copy of the original order mentioned in sub-paragraph (2), certified by the proper officer of the court that made it, is admissible as evidence of its having been made and of its contents to the same extent that oral evidence of those matters is admissible in those proceedings.

(6)

“Relevant UK order” means an order under the law of England and Wales or Northern Ireland which appears to the Scottish Ministers to be equivalent or similar to a CCE prevention order.

Annotations

Commencement

I1: Sch. 7 para. 10 not in force at Royal Assent, see s. 255(10)(c)