Paragraph 20.10B Variation or revocation of non-harassment orderF1

(1)

This rule applies to an application under section 234(6) of the Act of 1995 (application for variation or revocation of non-harassment order).

(2)

In this rule–

“the offender” means the offender subject to the order to which the application relates; and
“the prosecutor” means the prosecutor at whose instance the order was made.

(3)

The application shall–

(a)

identify the proceedings in which the order was made;

(b)

state the reasons for which the applicant seeks the variation or revocation of the order;

(c)

be, as nearly as may be, in Form 20.10B.

(4)

The applicant shall serve a copy of the application on–

(a)

the clerk of the court which made the order;

(b)

any person, other than the offender, who is named in the order; and

(c)

where the applicant is–

(i)

the offender, the prosecutor; and

(ii)

the prosecutor, the offender,

but the application may proceed notwithstanding that, having taken reasonable steps to do so, the applicant has been unable to effect service of it on the offender or any person such as is mentioned in subparagraph (b) above.

(5)

Where the offender is the applicant, the prosecutor shall, within fourteen days of the receipt of the copy of the application, notify the clerk of court in writing whether he intends to oppose the application.

(6)

Where the prosecutor is the applicant, the offender shall, within fourteen days of receipt of the copy of the application, notify the clerk of court in writing whether he intends to oppose the application.

(7)

Where a person notifies the clerk of court under paragraph (5) or (6) above that he does not intend to oppose the application, or fails to make any notification, the court shall proceed to dispose of the application and may do so in the absence of the applicant.

(8)

Where a person notifies the clerk of court under paragraph (5) or (6) above that he does intend to oppose the application, the clerk of court shall arrange a hearing before the court at which the prosecutor and the offender may appear or be represented.

(9)

The clerk of court shall give notice in writing of the decision of the court on the application to–

(a)

the applicant;

(b)

any person served with a copy of the application under sub-paragraph (b) or (c) of paragraph (4) above.

Annotations

Textual amendments

F1: Sch. 2 rules 20.10A, 20.10B inserted (16.6.1997) by Act of Adjournal (Criminal Procedure Rules Amendment No.2) (Non-harassment order) 1997 (S.I. 1997/1526), paras. 1(1), 2(2)

Notes on Chapter 20

Modifications

C1: Sch. 2 Ch. 20 continued (1.2.2011) by Act of Adjournal (Criminal Procedure Rules Amendment No. 4) (Miscellaneous) 2010 (S.S.I. 2010/418), paras. 1(3), 2(8)