Paragraph Rule 28 Discharge or variation of a restraint order and a domestic freezing order certificateF3

England and Wales

(1)

Subject to paragraph (2), an application to discharge or vary a restraint order shall be made in accordance with CPR Part 23.

(2)

Where the case is one of urgency, an application under this rule by the prosecutor may be made without notice.

(3)

The application and any witness statement or affidavit in support shall be lodged with the court and, where the application is made in accordance with CPR Part 23 the application notice shall be served on the following persons (other than the applicant)—

(a)

the prosecutor;

(b)

the defendant; and

(c)

all other persons restrained or otherwise affected by the F1restraint order;

not less than two clear days before the date fixed for the hearing of the application.

(4)

Where a restraint order has been made and has not been discharged, the prosecutor shall notify the court when proceedings for the offence have been concluded, and the court shall thereupon discharge the restraint order.

(5)

Where an order is made discharging or varying a restraint order, the applicant shall serve copies of the order of discharge or variation on all persons restrained by the earlier order and shall notify all other persons affected of the terms of the order of discharge or variation.

F2(6)

A reference in this rule to a restraint order also applies, where relevant, to a domestic freezing order certificate.

(7)

Where an order is made under paragraph (5) which discharges or varies a domestic freezing order certificate the applicant must notify the court or authority in accordance with paragraph 11C of Schedule 4.