Written Question · S6W-17848 · Session 6
Further to the answer to question S6W-15303 by Elena Whitham on 7 March 2023, how many non-harassment orders (NHOs) have been handed down, …
The question
To ask the Scottish Government, further to the answer to question S6W-15303 by
Elena Whitham on 7 March 2023, how many non-harassment orders (NHOs) have been
handed down, and on how many occasions NHOs were breached in each year for
which data is available, broken down by (a) court and (b) local authority area.
The answer
Section 8 and section 8A of the Protection from Harassment Act 1997 (the 1997 Act) make provision for civil non-harassment orders (NHOs).
Since 2018-2019, we have included data in the Civil justice statistics in Scotland on all legal remedies (craves) sought in the courts, including craves for civil NHOs.
In 2021-2022, 12 civil non-harassment orders were sought in the sheriff courts where the NHO was the principal crave in the proceedings and 55 were sought in the sheriff courts as ancillary craves in family proceedings. The available data for 2020-2021 indicates that there were 32 prosecutions and 31 convictions where the main charge related to the breach of a civil NHO.
We have placed the available data about the numbers of civil NHOs granted where the NHO was the principal crave, and the numbers of prosecutions and convictions for breaches of civil NHOs since 2008-2009 in the Scottish Parliament Information Centre under Bib. No. 64214.
The figures for the number of civil NHOs granted and for prosecutions and convictions for breaches of civil non-harassment orders are taken from the statistical information held by the Scottish Government. Figures in this area should be treated with caution as applications for civil non-harassment orders may be an ancillary crave in an initial writ and so may not always appear in the statistics. Section 3.2 of Civil justice statistics in Scotland 2021-22 (www.gov.scot) discusses the statistical approach to ancillary craves. In addition, there is separate provision for non-harassment orders to be issued in criminal proceedings.
As the answer to question S6W-15303 notes, the civil remedy of interdict, which can prohibit or restrain specified behaviour, is also available. In practice, interdicts are much more commonly sought than civil non-harassment orders. In 2021-2022, the most recent year for which we have published statistics , there were around 1300 craves for interdict in family procedure cases initiated in the sheriff courts.
Since 2018-2019, we have included data in the Civil justice statistics in Scotland on all legal remedies (craves) sought in the courts, including craves for civil NHOs.
In 2021-2022, 12 civil non-harassment orders were sought in the sheriff courts where the NHO was the principal crave in the proceedings and 55 were sought in the sheriff courts as ancillary craves in family proceedings. The available data for 2020-2021 indicates that there were 32 prosecutions and 31 convictions where the main charge related to the breach of a civil NHO.
We have placed the available data about the numbers of civil NHOs granted where the NHO was the principal crave, and the numbers of prosecutions and convictions for breaches of civil NHOs since 2008-2009 in the Scottish Parliament Information Centre under Bib. No. 64214.
The figures for the number of civil NHOs granted and for prosecutions and convictions for breaches of civil non-harassment orders are taken from the statistical information held by the Scottish Government. Figures in this area should be treated with caution as applications for civil non-harassment orders may be an ancillary crave in an initial writ and so may not always appear in the statistics. Section 3.2 of Civil justice statistics in Scotland 2021-22 (www.gov.scot) discusses the statistical approach to ancillary craves. In addition, there is separate provision for non-harassment orders to be issued in criminal proceedings.
As the answer to question S6W-15303 notes, the civil remedy of interdict, which can prohibit or restrain specified behaviour, is also available. In practice, interdicts are much more commonly sought than civil non-harassment orders. In 2021-2022, the most recent year for which we have published statistics , there were around 1300 craves for interdict in family procedure cases initiated in the sheriff courts.
In the Official Report
No contribution in the Official Report cites S6W-17848 by reference.