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Justice Act (Northern Ireland) 2015
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Changes to legislation:
Justice Act (Northern Ireland) 2015, Section 57 is up to date with all changes known to be in force on or before 14 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to Section 57:
- s. 13(2)(2A) substituted for s. 13(2) by 2022 c. 4 (N.I.) s. 4(5)
- s. 13(4)(5) added by 2022 c. 4 (N.I.) s. 4(6)
- s. 13A inserted by 2022 c. 4 (N.I.) s. 4(7)
- s. 13A inserted by 2022 c. 4 (N.I.) s. 4(7)
- Sch. 2 para. 8(1) Sch. 2 para. 8 renumbered as Sch. 2 para. 8(1) by 2022 c. 4 (N.I.) s. 4(9)(f)(i)
- Sch. 2 para. 8(2) inserted by 2022 c. 4 (N.I.) s. 4(9)(f)(iii)
- Sch. 2 para. 8(1) words substituted by 2022 c. 4 (N.I.) s. 4(9)(f)(ii)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 13(2)(2A) substituted for s. 13(2) by 2022 c. 4 (N.I.) s. 4(5)
- s. 13(4)(5) added by 2022 c. 4 (N.I.) s. 4(6)
- s. 13A inserted by 2022 c. 4 (N.I.) s. 4(7)
- s. 13A inserted by 2022 c. 4 (N.I.) s. 4(7)
- Sch. 2 para. 8(1) Sch. 2 para. 8 renumbered as Sch. 2 para. 8(1) by 2022 c. 4 (N.I.) s. 4(9)(f)(i)
- Sch. 2 para. 8(2) inserted by 2022 c. 4 (N.I.) s. 4(9)(f)(iii)
- Sch. 2 para. 8(1) words substituted by 2022 c. 4 (N.I.) s. 4(9)(f)(ii)
Violent offences prevention order made on application of Chief ConstableN.I.
This section has no associated Explanatory Notes
57—(1) A court of summary jurisdiction may make a violent offences prevention order in respect of D where subsection (2) applies to D and the court is satisfied that D's behaviour since the appropriate date makes it necessary to make such an order for the purpose of protecting the public from the risk of serious violent harm caused by D.
(2) This subsection applies to D where—
(a)an application under subsection (3) has been made to the court in respect of D, and
(b)on the application, it is proved that D is a qualifying offender.
(3) The Chief Constable may by complaint apply for a violent offences prevention order to be made in respect of a person who resides in Northern Ireland or who the Chief Constable believes is in, or is intending to come to, Northern Ireland if it appears to the Chief Constable that—
(a)the person is a qualifying offender, and
(b)the person has, since the appropriate date, acted in such a way as to give reasonable cause to believe that it is necessary for a violent offences prevention order to be made in respect of the person.
(4) In this section “the appropriate date” means the date (or, as the case may be, the first date) on which the person became a person within any of paragraphs (a) to (c) of section 58(2) or (3).
(5) On an application under subsection (3) in respect of D the court must—
(a)afford D an opportunity of making representations; and
(b)in deciding whether it is necessary to make a violent offences prevention order for the purpose of protecting the public from the risk of serious violent harm caused by D, have regard to whether D would, at any time when such an order would be in force, be subject under any other statutory provision to any measures that would operate to protect the public from the risk of such harm.
[F1(6) Article 78(1) of the Magistrates’ Courts (Northern Ireland) Order 1981 does not apply to a complaint under this section.]
Textual Amendments
F1S. 57(6) inserted (28.4.2022) by Justice (Sexual Offences and Trafficking Victims) Act (Northern Ireland) 2022 (c. 19), ss. 26(1), 30(1)(a)
Commencement Information
I1S. 57 in operation at 1.12.2016 by S.R. 2016/417, art. 2(c)
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