SJS v HM Advocate

Sentencing – Non-harassment order. High Court of Justiciary: In a case in which the appellant was convicted of a charge of behaving in a threatening or abusive manner and the sheriff made a non-harassment order requiring him to refrain from approaching, or contacting, or attempting to approach or contact, his wife and three children in any way, the court held that the sheriff did not have power to make a non-harassment order in respect of conduct towards the children as it did not see the only charge in respect of which the appellant was convicted as specifying 'an offence involving misconduct towards' the children; rather, it was an offence involving misconduct towards the appellant's wife. The court accordingly quashed the order and substituted one restricted to conduct in respect of the complainer, the appellant's wife.

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