Clause 10 - restraining orders: England and Wales
Domestic Violence, Crime and Victims Bill [Lords]
9:10 am

Photo of Mr Dominic Grieve

Mr Dominic Grieve (Shadow Attorney General, Home, Constitutional & Legal Affairs; Beaconsfield, Conservative)

I beg to move amendment No. 10, in page 6, line 4, at end insert—

'(1A) In subsection (1) of that section after ''an order under this section'' insert—

''(a) if the prosecutor asks it do so, or

(b) if the court thinks it is appropriate to do so.''

'(1B) After subsection (2) of that section insert—

''(2A) For the purpose of deciding whether to make an order under this section the court may consider evidence led by the prosecution and the defence.

(2B) It is immaterial whether evidence led in pursuance of subsection (2A) would have been admissable in the proceedings in which the offender was convicted.''

(1C) After subsection (3) of that section insert—

''(3A) An order under this section takes effect on the day on which it is made, but the court may provide in any such order that such requirements of the order as it may specify shall, during any period when the offender is detained in legal custody, be suspended until his release from that custody.''.'

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