Section 363 Offence of breaching restraining orderI1
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.
A person guilty of an offence under this section is liable—
on summary conviction, to imprisonment for a term not exceeding F1the general limit in a magistrates’ court, or a fine, or both;
on conviction on indictment, to imprisonment for a term not exceeding 5 years, or a fine, or both.
Subsection (1) does not apply to conduct of a person on a particular occasion if the Secretary of State certifies that, in the opinion of the Secretary of State, anything done by that person on that occasion 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.
A certificate under subsection (3) is conclusive evidence that subsection (1) does not apply to conduct of that person on that occasion.
A document purporting to be a certificate under subsection (3) is to be received in evidence and, unless the contrary is proved, to be treated as being such a certificate.
A court dealing with a person for an offence under this section may vary or discharge the restraining order by a further order.
Annotations
Textual amendments
- F1
Words in s. 363(2)(a) substituted (29.6.2026) by Victims and Courts Act 2026 (c. 19), ss. 15(1), 18(2) (with s. 15(2))
Commencement
- I1
S. 363 in force at 1.12.2020 by S.I. 2020/1236, reg. 2
Notes on Chapter 3
Modifications
- C1
Pt. 11 Ch. 3 modified by S.I. 2014/3300, reg.13(2) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 425 (with Sch. 27); S.I. 2020/1236, reg. 2)