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Justice Act (Northern Ireland) 2011

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Banning orders: contentN.I.

This section has no associated Explanatory Notes

42—(1) In this Chapter “banning order” means an order made by a court which prohibits the person who is subject to the order (“P”) from entering any premises for the purpose of attending regulated matches.

(2) On making a banning order, a court must in ordinary language explain its effect to P.

(3) A banning order must require P to report at a police station specified in the order within the period of 5 days beginning with the day on which the order is made.

(4) A banning order must require P to give notification of the events mentioned in subsection (5) to the Chief Constable.

(5) The events are—

(a)a change of any of P's names;

(b)the first use by P after the making of the order of a name for P that was not disclosed by P at the time of the making of the order;

(c)a change of P's home address;

(d)P's acquisition of a temporary address;

(e)a change of P's temporary address or P's ceasing to have one;

(f)an appeal made by P in relation to the order;

(g)an application made by P under section 47(1) for termination of the order.

(6) A notification required by a banning order by virtue of subsection (4) must be given before the end of the period of 7 days beginning with the day on which the event in question occurs and—

(a)in the case of a change of a name or address or the acquisition of a temporary address, must specify the new name or address; and

(b)in the case of a first use of a previously undisclosed name, must specify that name.

(7) Where P is detained in legal custody the requirement under subsection (3) to report at a police station is suspended until P's release from custody.

(8) If—

(a)P is released from custody more than 5 days before the expiry of the period for which the order has effect, and

(b)P was precluded by being in custody from reporting under subsection (3),

the order is to have effect as if it required P to report at the police station specified in the order within the period of 5 days beginning with the date of P's release.

(9) In this section—

home address”, in relation to P, means the address of P's sole or main residence;

temporary address”, in relation to P, means the address (other than P's home address) of a place at which P intends to reside, or has resided, for a period of at least 4 weeks.

Commencement Information

I1S. 42 in operation at 1.1.2012 by S.R. 2011/370, art. 3(d)

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