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Justice Act (Northern Ireland) 2011

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This is the original version (as it was originally enacted).

Termination of banning orders

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47.—(1) If a banning order has had effect for at least two-thirds of the period determined under section 45, the person subject to the order may apply to the court by which it was made to terminate it.

(2) On the application, the court may by order terminate the banning order as from a specified date or refuse the application.

(3) In exercising its powers under subsection (2), the court must have regard to—

(a)the person’s character,

(b)the conduct of that person since the banning order was made,

(c)the nature of the offence which led to it, and

(d)any other circumstances which appear to it to be relevant.

(4) Where an application under subsection (1) in respect of a banning order is refused, no further application in respect of the order may be made within the period of 6 months beginning with the day of the refusal.

(5) The court may order the applicant to pay all or any part of the costs of an application under this section.

(6) In the case of a banning order made by a magistrates’ court, the reference in subsection (1) to the court by which it was made includes a reference to any magistrates’ court acting for the same county court division as that court.

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