327.Sections 234A and 234AZA of the 1995 Act govern when the court may or must consider making a non-harassment order in certain cases. In particular, section 234AZA applies in domestic abuse cases and requires the court to consider making a non-harassment order without the prosecutor having applied for it. In addition, if the court decides not to make such an order, the court must explain why not.
328.Section 107 amends section 234AZA to expand the range of offences to which that section applies. In addition to offences under section 1(1) of the Domestic Abuse (Scotland) Act 2018 and offences that are aggravated as described in section 1(1)(a) of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016, section 234AZA will now also apply to—
	offences to which section 288C of the 1995 Act applies (sexual offences),
	offences of stalking (see sections 39 and 39A of the Criminal Justice and Licensing (Scotland) Act 2010), and
	offences under section 2 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (disclosing, or threatening to disclose, an intimate photograph or film).
329.Section 107(2)(b) makes a consequential amendment of section 234AZA(3)(a). That paragraph provides that in a domestic abuse case, a non-harassment order can be made in favour of a child usually residing with the accused, with the victim, or with the accused and the victim. The amendment has the effect of restricting the power to the offences to which it already applies, so that it does not apply to the new offences being added to section 234AZA.
Crown Application Non-harassment orders Section 107 – circumstances in which non-harassment order must be considered by the court