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The Criminal Justice (Northern Ireland) Order 2005

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Interim anti-social behaviour order on conviction in criminal proceedingsN.I.

This section has no associated Explanatory Memorandum

4.—(1) After Article 6 of the Anti-social Behaviour (Northern Ireland) Order 2004 (NI 12) insert—

Interim anti-social behaviour order on conviction in criminal proceedings

6A.(1) This Article applies where—

(a)a request is made by the prosecution for an order under Article 6; or

(b)the court is minded to make an order under that Article of its own motion.

(2) If, before determining the request or deciding whether to make the order of its own motion, the court considers that it is just to make an order under this Article pending the determination of the request or before making that decision, it may make such an order.

(3) An order under this Article is an order which prohibits the offender from doing anything described in the order.

(4) Subject to Article 6B, an order under this Article—

(a)shall be for a fixed period;

(b)may be varied, renewed or discharged;

(c)shall, if it has not previously ceased to have effect, cease to have effect on the determination of the request or on the court's making a decision as to whether to make an order under Article 6 of its own motion.

(5) The prohibitions that may be imposed by an order under this Article are those necessary for the purpose of protecting persons in Northern Ireland from further anti-social acts by the offender.

(6) An appeal shall lie to the county court against the making by a magistrates' court of an order under this Article.

(7) On such an appeal the county court—

(a)may make such orders as may be necessary to give effect to its determination of the appeal; and

(b)may also make such incidental or consequential orders as appear to it to be just. .

(2) In Article 2(2) of that Order in the definition of “anti-social behaviour order” for “or 6” substitute “ 6 or 6A ”.

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