Explanatory Notes

Criminal Justice and Immigration Act 2008

2008 CHAPTER 4

8 May 2008

The Act

Commentary on Sections

Part 7: Violent offender orders
Section 103: Variation, renewal or discharge of violent offender orders

615.This section provides for the offender subject to an order or the various chief officers of police listed in subsection (2) to apply for an order to be varied, renewed or discharged (subject to the five year maximum limit).

616.The offender might, for example, seek to vary an order if he finds the prohibitions are operating on him unduly harshly. He might apply for a discharge if he intended to emigrate. A chief officer of police who believes the offender is moving to his or her area might apply for a variation if, for example, the order was made when the offender was living in another part of the country and only restricted the offender’s behaviour in that original area.

617.Subsection (7) provides that the order may not be discharged before the end of the period of two years beginning with the date on which it comes into force unless consent to its discharge is given by the offender and one of the chief officers of police listed in subsection (7).