Protection from Harassment Act 2014 · 2020 Revised Edition · Part 2 · Offences
8B. Enhanced penalty for offence against victim in intimate relationship with offender
Feedback & supportLast amended by an amending law of 2025. 2 amendments in all.
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 1 January 2020 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 1 January 2020 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.
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.
court
“court”, for the purposes of sections 12 and 13 and Division 2 of Part 3, means a District Court (including the Protection from Harassment Court) or a Family Court;
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.
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.
In subsection (4), “harm” means —
any physical harm;
harassment, alarm, distress or humiliation; or
being caused to believe that unlawful violence will be used against the victim.