The issues surrounding the breaching of restraint orders issued under S41 of POCA 2002 were outlined by Rahman Ravelli’s Aziz Rahman for LexisNexis.
Aziz explained that such a breach will constitute a civil contempt of court, not a criminal one, and will be treated as such; as in OB v Director of the Serious Fraud Office.
He detailed why a breach can also be treated as perverting the course of justice, where there is no further illegality committed other than the breach of the restraint order. His article also focused on the elements of the offence of perverting the course of justice.
Aziz's article featured on Lexis PSL. (Subscription required)