Clause 11

This section applies where an offender (A) is convicted of —

an offence under section 3, 4, 5 or 7 that is committed on or after the date of commencement of section 11 of the Protection from Harassment (Amendment) Act 2019 against a victim who was or is in an intimate relationship with A; or (b)an offence under section 10 that is committed on or after the date of commencement of section 11 of the Protection from Harassment (Amendment) Act 2019 for failure to comply with an order given in respect of a victim of a contravention of section 3, 4, 5 or 7 who was or is in an intimate relationship with A,and the enhanced penalty under section 8 does not apply to that conviction.(2) The court may sentence A to punishment not exceeding twice the maximum punishment that the court could impose for the offence under section 3, 4, 5, 7 or 10 (as the case may be), if at the time of committing the offence A knew or ought reasonably to have known that the victim (B) was or is in an intimate relationship with A.(3) In this section, the court may determine whether B was or is in an intimate relationship with A having regard to all the circumstances of the case, including the following:

whether A and B are living in the same household, although it is not necessary that they live in the same household;

whether A and B share the tasks and duties of their daily lives;

whether A and B have made arrangements to share expenses or financial support and the degree of financial dependence or interdependence between A and B;

whether there is a sexual relationship between A and B, although it is not necessary that there be a sexual relationship between them;

whether A and B share the care and support of a specific person below 21 years of age;

whether A and B conduct themselves toward their friends, relatives or other persons as parties to an intimate relationship, and whether A and B are so treated by their friends, relatives or other persons.(4) Subsection (2) does not apply where A proves that, despite A having been or being in an intimate relationship with B, the relationship between A and B did not adversely affect B’s ability to protect B from A in respect of the harm caused by the offence. (5) In subsection (4), “harm” means —

any physical harm;

harassment, alarm or distress; or

being caused to believe that unlawful violence will be used against the victim.Application of sections 8A and 8B8C. Where sections 8A and 8B are both applicable to enhance the punishment for an offence —

the punishment for that offence shall not be enhanced by the application of more than one section; and

the court may determine which section should apply to enhance the punishment.”.