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Non-harassment order (NHO)

Offenders who have been convicted of causing a victim alarm or distress can be ordered not to behave in certain ways. This can include, for example, staying away from the person, or not sending unwanted texts. An NHO may last for a set period of time, or for an indeterminate period of time (no end date set). They can be made in addition to, or instead of, any other sentence or disposal. In considering an NHO, the court may have regard to the views of the victim, but the final decision remains entirely one for the court.

In certain cases where the offence is one of domestic abuse, the court must make an NHO. (See the law for such domestic abuse offences). In other cases, the court may make an NHO following an application to the court from the prosecutor. In these offences, the court needs to be satisfied, on a balance of probabilities, that it is appropriate to make an order to protect the victim from the harassment. (See the law for these cases).