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SOLR_PROP

Criminal Justice Act 2006

Restriction on movement order.

101.— (1) Where a person aged 18 years or more is convicted of an offence specified in Schedule 3 and the court which convicts him or her of the offence considers that it is appropriate to impose a sentence of imprisonment for a term of 3 months or more on the person in respect of the offence, it may, as an alternative to such a sentence, make an order under this section (“a restriction on movement order”) in respect of the person.

(2) A restriction on movement order may restrict the offender’s movements to such extent as the court thinks fit and, without prejudice to the generality of the foregoing, may include provision—

(a) requiring the offender to be in such place or places as may be specified for such period or periods in each day or week as may be specified, or

(b) requiring the offender not to be in such place or places, or such class or classes of place or places, at such time or during such periods, as may be specified,

or both, but the court may not, under paragraph (a), require the offender to be in any place or places for a period or periods of more than 12 hours in any one day.

(3) A restriction on movement order may be made for any period of not more than 6 months and, during that period, the offender shall keep the peace and be of good behaviour.

(4) A restriction on movement order may specify such conditions as the court considers necessary for the purposes of ensuring that while the order is in force the offender will keep the peace and be of good behaviour and will not commit any further offences.

(5) A restriction on movement order shall specify the restrictions that are to apply to the offender’s movements and, in particular, it shall specify—

(a) the period during which it is in force,

(b) the period or periods in each day or week during which the offender shall be in any specified place or places,

(c) the time at which, or the periods during which, the offender shall not be in any specified place or places or any class or classes of place or places.

(6) In determining for the purposes of subsection (2)(a) the period or periods during which the offender shall be in a specified place or places, the court shall have regard to the nature and circumstances of the offence of which the offender has been found guilty and any educational course, training, employment or other activity in which the offender is participating, and it shall ensure, as far as practicable, that that period or those periods do not conflict with the practice by the offender of his or her religion.

(7) In determining for the purpose of subsection (2)(b) the place or places, or class or classes of place or places, the time or the periods to be specified in a restriction on movement order, the court shall have regard to the nature and circumstances of the offence of which the offender has been found guilty, the time that the offender committed the offence, the place where the offence was committed and the likelihood of the offender committing another offence in the same or similar place or places or class or classes of place or places.

(8) A court shall not make a restriction on movement order in respect of an offender unless it considers, having regard to the offender and his or her circumstances, that he or she is a suitable person in respect of whom such an order may be made and, for that purpose, the court may request a probation and welfare officer to prepare a report in writing in relation to the offender.

(9) A restriction on movement order which restricts the movements of an offender in accordance with subsection (2)(a) shall not be made without the consent of the owner of, or any adult person habitually residing at, the place or places concerned or, as the case may be, the person in charge of the place or places concerned.

(10) A court making a restriction on movement order may include in the order a requirement that the restrictions on the offender’s movements be monitored electronically in accordance with section 102 , but it shall not include such a requirement unless it considers, having regard to the offender and his or her circumstances, that he or she is a suitable person in respect of whom such a requirement may be made and, for that purpose, the court may request an authorised person to prepare a report in writing in relation to the offender.

(11) Before making a restriction on movement order, the court shall explain to the offender in ordinary language—

(a) the effect of the order, including any requirement which is to be included in the order under section 102 ,

(b) the consequences which may follow any failure by the offender to comply with the requirements of the order, and

(c) that the court has power under section 103 to vary the order on the application of any person referred to in that section,

and the court shall not make the order unless the offender agrees to comply with its requirements.

(12) The court shall cause certified copies of a restriction on movement order to be sent to—

(a) the offender,

(b) the member in charge of the Garda Síochána station for the area where the offender resides or, where appropriate, the area where he or she is to reside while the order is in force,

(c) where appropriate, an authorised person who is responsible under section 102 for monitoring the offender’s compliance with the order.