Textual Amendments
F1Sch. 3A inserted (N.I.) (1.3.2014) by Criminal Justice Act (Northern Ireland) 2013 (c. 7), ss. 1(3), 15(2)(a), Sch. 1; S.R. 2014/53, art. 2
5(1)Where—N.I.
(a)the Chief Constable fails to comply with paragraph 4 within the period specified in paragraph 4(1), or
(b)the Chief Constable serves a notice under paragraph 4(3),
the offender may apply to the Crown Court for an order discharging the offender from the notification requirements.
(2)An application under this paragraph must be made within the period of 21 days beginning—
(a)in the case of an application under sub-paragraph (1)(a), on the expiry of the period mentioned in paragraph 4(1);
(b)in the case of an application under sub-paragraph (1)(b), with the date of service of the notice under paragraph 4(3).
(3)Paragraph 3 applies in relation to an application under this paragraph as it applies to an application under paragraph 2, but as if references to the Chief Constable were references to the Crown Court.
(4)The Chief Constable and the offender may appear or be represented at any hearing in respect of an application under this paragraph.
(5)If on an application under this paragraph the Crown Court makes an order discharging the offender from the notification requirements, the appropriate officer of the Crown Court must send a copy of the order to the offender and the Chief Constable.
(6)If on an application under this paragraph the Crown Court refuses to make an order discharging the offender, the appropriate officer of the Crown Court must send notice of that refusal to the offender and the Chief Constable.]