Domestic Violence, Crime and Victims Act 2004

18 Procedure for applications under section 17 E+W+N.I.

(1) An application under section 17 must be determined at a preparatory hearing.

(2) Section 7(1) of the 1987 Act and section 29(2) of the 1996 Act are to have effect as if the purposes there mentioned included the purpose of determining an application under section 17.

(3) Section 29(1) of the 1996 Act is to have effect as if the grounds on which a judge of the Crown Court may make an order under that provision included the ground that an application under section 17 has been made.

(4) The parties to a preparatory hearing at which an application under section 17 is to be determined must be given an opportunity to make representations with respect to the application.

(5) Section 9(11) of the 1987 Act and section 35(1) of the 1996 Act are to have effect as if they also provided for an appeal to the Court of Appeal to lie from the determination by a judge of an application under section 17.

(6) In this section—

• “preparatory hearing” means a preparatory hearing within the meaning of the 1987 Act or Part 3 of the 1996 Act;

• “the 1987 Act” means the Criminal Justice Act 1987 (c. 38);

• “the 1996 Act” means the Criminal Procedure and Investigations Act 1996 (c. 25).

Commencement Information

I1 S. 18 wholly in force at 8.1.2007, see s. 60 and S.I. 2006/3423, art. 2 (subject to art. 3)