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European Protection Orders (in criminal cases)

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Information

The information set out below has to be considered in the context of the United Kingdom having left the EU on 31 December 2020 ('IP Completion Day'). If you are unsure what to do you may wish to consider seeking appropriate legal advice and the Law Society of Scotland can provide contact details for solicitors in your area. Please note that the Scottish Courts and Tribunals Service staff are unable to provide legal advice.

What is a European Protection Order (in a criminal case)?

The European Protection Order (in criminal cases) was introduced by EC Directive 2011/99/EU  and applies between all Member States of the European Union, except Denmark. The Directive allows court protection orders made in criminal cases in one member state to be enforced in another.

Who can apply?

The procedure for Scotland is set out in the Criminal Procedure (Scotland) Act 1995 at sections 254A and 254B.

Any person who is protected by a court order in a criminal court case which either:

  • prohibits an offender from entering certain places where that  person resides or visits;
  • prohibits an offender from contacting that person or restricts contact with that person, for example by telephone, electronic or ordinary mail; or
  • prohibits or restricts the offender from approaching that person

can apply to the court to have that protection transferred to another Member State if they decide to reside or stay in another country. The court order could be, for example, a special condition added to a Bail Order or a Non Harassment Order made as part of a criminal court sentence.

How do I apply?

An application for a European Protection Order (in a criminal case) is made by an application in Form 61.3 and should be sent to the clerk of the court which made the criminal court order. You should make the application to the court in Scotland before you move.

You will be informed of the decision about your application by the court.

If the application is granted the court will advise the responsible office in the Member state where you intend to reside or stay.  The Member state must then inform you of its decision to either recognise the transferred protection order, which means it will ensure the protection measures are enforced in that country when you move, or to refuse to recognise the transferred protection order. If it refuses it must tell you why it has taken that decision.

Fees

There in no fee for applying for a European Protection Order in criminal proceedings.