Justice Act (Northern Ireland) 2015

Yn ddilys o 01/12/2016

Variation, renewal or discharge of violent offences prevention orders N.I.

60—(1) D or the Chief Constable may apply to the appropriate court—

(a) for an order varying or discharging a violent offences prevention order;

(b) for an order renewing a violent offences prevention order for such period of not more than 5 years as is specified in the renewal order.

(2) Subject to subsections (3) to (5), on an application under this section the court may, after hearing—

(a) the applicant, and

(b) the other person mentioned in subsection (1), if that person wishes to be heard,

make such order varying, renewing or discharging the violent offences prevention order as the court considers appropriate.

(3) A violent offences prevention order may only be—

(a) renewed, or

(b) varied so as to impose additional prohibitions or requirements on D,

if the court considers that it is necessary to do so for the purpose of protecting the public from the risk of serious violent harm caused by D (and any renewed or varied order may contain only such prohibitions or requirements as the court considers necessary for this purpose).

(4) References in subsection (3) to prohibitions or requirements are to prohibitions or requirements authorised by section 59.

(5) The court may not discharge a violent offences prevention order before the end of the period of 2 years beginning with the date on which it comes into force unless consent to its discharge is given by D and the Chief Constable.

(6) In this section “the appropriate court” means—

(a) where the violent offences prevention order was made under section 56 by (or on appeal from) the Crown Court, that court; and

(b) in any other case, a court of summary jurisdiction.

(7) An application under this section may be made—

(a) where the appropriate court is the Crown Court, in accordance with Crown Court rules;

(b) in any other case by complaint under Part 7 of the Magistrates' Court (Northern Ireland) Order 1981 and in accordance with magistrates' court rules.