Page:Community Disputes Resolution Act 2015.pdf/10

Rh (2) It shall not be a defence for a person charged with an offence under subsection (1) that the court which made an order under section 5 or the court which made a special direction should not have, for whatever reason, made that order or direction.

(3) Where a person is convicted of an offence under subsection (1) for failure to comply with a special direction, the failure to comply with the special direction as well as the failure to comply with the order of court made under section 5 which is the subject of that special direction is not punishable as a contempt of court.

(4) A person shall not be convicted of an offence under subsection (1) in respect of any non‑compliance which has been punished as a contempt of court.

Section 6 not to apply to certain court orders

8. Section 6 does not apply to an order of court made under section 5 which requires a contravening party to pay damages.

Exclusion order

9.—(1) Where a contravening party fails to comply with a special direction, the party in whose favour the special direction was made may apply to a court (called in this section a second court) for an order that the contravening party be excluded from his or her place of residence.

(2) A second court may make an exclusion order if the court is satisfied on a balance of probabilities that the contravening party has, without reasonable excuse, failed to comply with a special direction, and is satisfied that it is just and equitable to do so.

(3) A second court may make an exclusion order on such terms and conditions as the court thinks fit.

(4) In deciding whether it is just and equitable for an exclusion order to be made, the court is to consider all the following matters:
 * (a) the impact of the order, if made, on—
 * (i) the contravening party;