425E+WIn regulation 13(2) of the Criminal Justice (European Protection Order) (England and Wales) Regulations 2014, for paragraph (2) substitute—
“(2)The magistrates' court must give effect to the order by making a restraining order under section 360 of the Sentencing Code; and Chapter 3 of Part 11 of that Code has effect for the purposes of this regulation as if—
(a)for subsection (2) of that section there were substituted—
“(2)The court may, subject to subsection (2A), make a restraining order under this section against a person causing danger for the purpose of protecting a protected person under the Criminal Justice (European Protection Order) (England and Wales) Regulations 2014 (“the 2014 Regulations”).
(2A)The prohibitions or restrictions imposed on a person under subsection (2) must correspond as far as possible to those contained in the European protection order made by the competent authority of the issuing State.”;
(b)after subsection (3) of that section there were inserted—
“(4)In this section—
“European protection order”, “person causing danger” and “protected person” have the meaning given by regulation 11(1) of the 2014 Regulations;
“issuing State” is to be construed in accordance with regulation 12(1) of those Regulations.”;
(c)sections 361 and 362 of the Sentencing Code were omitted.”
Commencement Information
I1Sch. 24 para. 425 in force at 1.12.2020 by S.I. 2020/1236, reg. 2
426(1)Regulation 17 of those regulations is amended as follows.E+W
(2)In paragraph (6), for “section 5 of the Protection from Harassment Act 1997” substitute “ section 360 of the Sentencing Code ”.
(3)In paragraph (7), for “section 5 of the Protection from Harassment Act 1997” substitute “ section 361 of the Sentencing Code ”.
Commencement Information
I2Sch. 24 para. 426 in force at 1.12.2020 by S.I. 2020/1236, reg. 2