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The Anti-social Behaviour (Northern Ireland) Order 2004
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Interim anti-social behaviour orders on applications under Article 3N.I.
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4.—(1) If, before determining an application for an order under Article 3, the court considers that it is just to make an order under this Article pending the determination of that application ( “the main application”), it may make such an order.
[F1(1A) An application by a relevant authority for an order under this Article may be made without notice being given to the defendant.]
(2) An order under this Article is an order which prohibits the defendant from doing anything described in the order.
(3) An order under this Article—
(a)shall be for a fixed period;
(b)may be varied, renewed or discharged;
(c)shall, if it has not previously ceased to have effect, cease to have effect on the determination of the main application.
(4) The prohibitions that may be imposed by an order under this Article are those necessary for the purpose of protecting persons (whether relevant persons or not) from further anti-social acts by the defendant.
(5) The relevant authority or the defendant may apply by complaint to the court which made an order under this Article for it to be varied or discharged by a further order.
(6) An appeal shall lie to the county court against the making by a magistrates' court of an order under this Article.
(7) On such an appeal the county court—
(a)may make such orders as may be necessary to give effect to its determination of the appeal; and
(b)may also make such incidental or consequential orders as appear to it to be just.
(8) Any order of the county court made on an appeal under this Article (other than one directing that an application be re-heard by a magistrates' court) shall, for the purposes of paragraph (5), be treated as if it were an order of the magistrates' court from which the appeal was brought and not an order of the county court.
F1Art. 4(1A) inserted (8.6.2008) by Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)), arts. 1(3)(a), 93
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