Non-Harassment Orders
Sections 8-11 of the Protection from Harassment Act 1997 allow a court to award damages or grant an interdict or a non-harassment order (NHO) in cases where harassment has taken place. An NHO can be made if someone pursues a course of conduct (on at least 2 occasions) which causes the victim alarm and distress. The court can attach conditions to the order (e.g. not to approach a specified location, such as the victim's home or place of work). A breach of this order is a criminal offence punishable by up to 5 years imprisonment. There is also a statutory power of arrest without warrant for breach of an NHO. Amendments were made to improve the effectiveness of NHOs following a consultation by the then Scottish Executive on stalking and harassment in 2000.
Criminal Justice & Licensing (Scotland) Bill
The Criminal Justice and Licensing (Scotland) Bill, currently making its way through the Scottish Parliament, contains provisions which will make it more straightforward to obtain NHOs against offenders so that victims are protected from further harassment and repeat offending.
The Bill will remove the requirement for a course of conduct, allowing an application to be made for an NHO on the basis of a conviction for an individual incident. It will also ensure that courts may have regard to previous convictions and allow judges access to relevant information to assist in deciding whether to impose an NHO.
Details of the Bill's progress through Parliament can be found on the Scottish Parliament website.