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The legal basis for restraint orders in England & Wales currently is sections 40 - 47 [1] of the Proceeds of Crime Act 2002. In England & Wales a restraint order under PoCA 2002 would be made in the Crown Court. Restraint orders in other parts of the UK are based on other sections of PoCA 2002 and made in the appropriate court in each jurisdiction.
In the past year, around 100,000 cases of anti-social behaviour have been dealt with. 2,633 ASBOs and 418 dispersal orders have been issued in the same period. On 25 October 2005, Transport for London announced its intent to apply for a new law giving them the authority to issue orders against repeat fare dodgers, and increased fines. [11]
Such restraining order is valid for a period of ten days. In case that the threatened person files for court restraining order, the police restraining order remains valid until court renders decision. [35] A court may issue a domestic violence or stalking restraining order based on application of threatened person for a period of up to one month.
Labour’s minister for victims and violence against women and girls tells The Independent she hopes more victims will be protected by restraining order measures being rolled out
There are three types of CRO: limited, extended and general, with different scopes of application: [2] a limited civil restraint order (formerly a Grepe v. Loam order [3]) where two or more applications totally without merit are made in a single proceedings. No further application may be made in the proceedings without the permission of the court.
The United Kingdom currently recognizes four protection orders for victims of domestic abuse: Occupation Orders, Non-molestation Orders, Restraining Orders and Domestic Violence Protection Orders. [12] There is confusion surrounding when these orders apply and what conditions they can impose, with DAPOs and DAPNs seek to address.
This section gives a court dealing with a person convicted of an offence under sections 2 (harassment) or 4 (putting in fear of violence) of the Act the power to make a restraining order for the purpose of protecting "the victim of the offence" or "any other person mentioned in the order". Offences under section 5 are triable either way.
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