The Criminal Justice (European Protection Order) (Northern Ireland) Regulations 2014 No. 320

Regulation 12

SCHEDULE Grounds for refusal to give effect to a European protection order

1.  The European protection order—

(a) is incomplete; and

(b) is not completed within the period specified under regulation 14.

2.  The requirements set out in Article 5 of the Directive have not been met.

3.  The protection measure on the basis of which the European protection order was issued was based on conduct that would not constitute an offence under the law of Northern Ireland if it occurred there.

4.  The protection measure on the basis of which the European protection order was issued was based on conduct where, under the law of Northern Ireland —

(a) the criminal prosecution of the conduct would be statute-barred, and

(b) the conduct falls within the jurisdiction of Northern Ireland.

5.  Giving effect to the European protection order would contravene the principle of ne bis in idem.

6.  The protection measure on the basis of which the European protection order was issued was based on conduct by a person who was under the age of 10 when the conduct took place.

7.  The protection measure on the basis of which the European protection order was issued relates to a criminal offence which, under the law of Northern Ireland, is regarded as having been committed wholly or for a major or essential part, within its territory.