Paragraph 8 Variation and discharge of CCE prevention ordersI1

Northern Ireland Not yet in force

(1)

This paragraph applies where a person mentioned in sub-paragraph (2) applies to a relevant court for the variation or discharge of a CCE prevention order.

(2)

The persons are—

(a)

the defendant;

(b)

the Chief Constable of the Police Service of Northern Ireland.

(3)

On the application, the court may (after hearing from the applicant and any other person mentioned in sub-paragraph (2) who wishes to be heard) make any order varying or discharging the order that the court considers appropriate.

This is subject to sub-paragraph (7).

(4)

The power to vary an order includes power to—

(a)

include an additional prohibition or requirement;

(b)

extend the period for which a prohibition or requirement has effect;

(c)

extend the period for which the order has effect.

(5)

The court may make provision of a kind mentioned in sub-paragraph (4) only if it considers that the provision is necessary to prevent the defendant from engaging, or reduce the likelihood of the defendant engaging, in child criminal exploitation.

(6)

Sub-paragraphs (3), (4) and (7) of paragraph 2 apply to additional prohibitions or requirements included on a variation of an order.

(7)

The court may not, without the consent of the defendant and the Chief Constable of the Police Service of Northern Ireland, discharge an order before the end of the period of—

(a)

five years beginning with the day on which the order was made, in the case of an order made in the circumstances mentioned in paragraph 1 (1)(e);

(b)

two years beginning with the day on which the order was made, in any other case.

This sub-paragraph does not apply to an interim CCE prevention order.

(8)

In this paragraph “relevant court” means—

(a)

where the Crown Court or Court of Appeal made the order, the Crown Court;

(b)

in any other case, the magistrates’ court.

Annotations

Commencement

I1: Sch. 8 para. 8 not in force at Royal Assent, see s. 255(8)