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Criminal Justice and Police Act 2001

Section 35: Revocation and suspension of a travel restriction order

115.This sets out the revocation and temporary suspension procedures in respect of banning orders made under section 33 and the framework and the basis under which such applications will be considered. Sub-section (1) (a) provides for the revocation of banning orders where the court is satisfied that it is appropriate to do so in the light of the person’s character, conduct since making the order and the offences of which he was convicted. An application for revocation can only be made after expiry of the minimum period in relation to the order as set out in subsection (7). Sub-section (1) (b) allows the court to suspend the prohibition at any time for a temporary period where there are exceptional compassionate circumstances (e.g. where a person needs to travel overseas for urgent medical treatment). The person concerned will be under a duty to be back in the United Kingdom when the period of the suspension ends and to surrender any UK passport which was returned to him as a result of the suspension.

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