Justice Act (Northern Ireland) 2015 Explanatory Notes

Justice Act (Northern Ireland) 2015

2015 CHAPTER 9

Commentary on Sections

Part 8: Violent Offences Prevention Orders

Violent offences prevention orders

Section 61: Interim violent offences prevention orders

This section allows the court to make an interim VOPO, where an application for a main VOPO is, or has been, made.  The interim order will enable prohibitions or requirements to be placed on the person’s behaviour pending determination of the main order.  It specifies that the interim order can be imposed for a fixed period, as defined in each order and that an interim order will cease to have effect at the end of this fixed period or (if before), when a decision is taken on the main application.

It ensures that an interim order can only be made when the court is satisfied that the individual qualifies for an order; that the court would be likely to make a main order; 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 person concerned.

An interim order cannot come into force whilst a person is subject to a custodial sentence or is detained in hospital. An interim order can be varied or discharged in the same way as a main order.