Explanatory Memorandum

Justice Act (Northern Ireland) 2015

2015 CHAPTER 9

24 July 2015

Commentary on Sections

Part 8: Violent Offences Prevention Orders

Violent offences prevention orders

Section 63:  Appeals

This section provides for appeals to be made to the appropriate court against the making of a main or interim VOPO, or the making, or refusal to make a renewal, variation or discharge of a VOPO.

It provides that where an appeal is made against the making of a VOPO on conviction, the court will deal with the matter as if the order were a sentence passed on the person for a specified offence.  Those appeals brought against the making of a VOPO as a consequence of an application by the Chief Constable, are to be made to the county court.

A person may also appeal the making of an order to vary, discharge or renew an order, or the refusal to make such an order.  Where the original VOPO application was made to the Crown Court, the appeal must be brought to the Court of Appeal.  In any other case, it would be brought to the county court.

It also provides that, the county court may make such orders as may be necessary to give effect to its determination of the appeal and that it may also make such incidental or consequential orders, as appear to it to be just.