Justice Act (Northern Ireland) 2015

Yn ddilys o 01/12/2016

Interim violent offences prevention orders N.I.

61—(1) This section applies where an application under section 57 (“ the main application”) in respect of D has not yet been determined.

(2) An application for an order under this section (“an interim violent offences prevention order”) may be made—

(a) by the complaint by which the main application is made, or

(b) if the main application has already been made to a court, by means of a further complaint made to that court by the Chief Constable.

(3) If it appears to the court—

(a) that D is a qualifying offender,

(b) that, if the court were determining that application, it would be likely to make a violent offences prevention order in respect of D, and

(c) that it is desirable to act before that application is determined, with a view to securing the immediate protection of the public from the risk of serious violent harm caused by D,

the court may make an interim violent offences prevention order in respect of that person that contains such prohibitions or requirements as it considers necessary for the purpose of protecting the public from the risk of such harm.

(4) The reference in subsection (3) to prohibitions or requirements is to prohibitions or requirements authorised by section 59 in the case of a violent offences prevention order.

(5) An interim violent offences prevention order—

(a) has effect only for such period as is specified in the order, and

(b) ceases to have effect (if it has not already done so) at the appropriate time.

(6) “The appropriate time” means—

(a) if the court grants the main application, the time when a violent offences prevention order made in pursuance of it comes into force;

(b) if the court decides not to grant the main application or it is withdrawn, the time when the court so decides or the application is withdrawn.

(7) Section 60 applies in relation to the variation or discharge of an interim violent offences prevention order as it applies in relation to the variation or discharge of a violent offences prevention order, but with the omission of subsection (5).