Criminal Justice (Miscellaneous Provisions) Act 2023

PART 5

Civil orders against relevant conduct

Definitions (Part 5)

27. (1) In this Part, “court” means the District Court, or, on appeal from the District Court, the Circuit Court.

(2) For the purposes of this Part, “relevant conduct” means conduct engaged in, without lawful authority or reasonable excuse, by the respondent towards the applicant or, where relevant, a person connected to the applicant, that would reasonably be considered likely to cause the applicant—

(a) to fear that violence will be used against the applicant or person, or

(b) serious alarm or distress that has a substantial adverse impact on his or her usual day-to-day activities.

(3) Without prejudice to the generality of subsection (2), the conduct referred to in that subsection includes the following:

(a) following, watching, monitoring, tracking or spying upon a person;

(b) pestering a person;

(c) impersonating a person;

(d) communicating with or about a person;

(e) purporting to act or communicate on behalf of a person;

(f) disclosing to other persons private information in respect of a person;

(g) interfering with the property (including pets) of a person;

(h) loitering in the vicinity of a person;

(i) causing, without the consent of the person, an electronic communication or information system operated by a person to function in a particular way.

(4) A reference in this Part to an order under section 28 includes a reference to such an order as varied under section 29 and to a further order made under section 30 .