Question to the Ministry of Justice:

To ask the Secretary of State for Justice, what guidance is available to magistrates’ courts on imposing restraining orders.

Magistrates sit with legal advisers in court who advise them on the law. The framework for issuing restraining orders is set out in the Adult Court Bench Book, a digital copy of which is used by Magistrates sitting in criminal courts. The Bench Book is available publicly at https://www.judiciary.uk/publications/adult-court-bench-book-and-pronouncement-cards/

The framework is also reflected in the Sentencing Council Explanatory Materials which accompany the Magistrates’ Court Sentencing Guidelines - https://www.sentencingcouncil.org.uk/explanatory-material/item/ancillary-orders/21-restraining-orders/. All relevant individual Sentencing Guidelines include reference to the consideration of including a restraining order as an ancillary order on sentence.

The subject of restraining orders will also be covered during Magistrates’ training where it is relevant to the subject matter in hand, for example in domestic abuse.