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 104: Interim violent offender orders

618.This section enables the court to make an interim order when an application for a VOO is made (or has been made) under section 100.

619.The purpose of an interim VOO is to enable prohibitions to be placed on the offender's behaviour pending the application for the full order being determined. Subsection (3) ensures that an interim order can only be made when the court is satisfied that the individual is a qualifying offender; that if the court were determining the main application it would be likely to make a VOO in respect of that person; and that it is considered desirable to act before the determination of the main application to secure immediate public protection from the risk of serious violent harm caused by the individual.

620.Subsection (4) provides that an interim VOO may only contain conditions from the exhaustive list set out in section 102.

621.Subsection (6) specifies that interim VOOs can be imposed for a fixed period as defined in each order and cannot be renewed after this time. Interim VOOs cease to have effect at the end of this fixed period or (if before) when a decision is taken on the main application.