Criminal Justice Act 2006
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Variation of restriction on movement order. |
103.—(1) Where a restriction on movement order is in force, the court may, if it so thinks proper, on written application by— | |
(a) the offender, | ||
(b) where appropriate, the owner of, or an adult person habitually residing at, the place or places or, as the case may be, the person in charge of the place or places, specified in the order, | ||
(c) a member of an Garda Síochána, or | ||
(d) where appropriate, an authorised person who is responsible under section 102 for monitoring the offender’s compliance with the order, | ||
vary the order by substituting another period or time or another place for any period, time or place specified in the order. | ||
(2) An application under subsection (1) shall be made on notice to such of the other parties specified in subsection (1) as is appropriate. | ||
(3) Where any party specified in subsection (1) objects to the variation of a restriction on movement order, the court shall not vary the order without hearing from that party. | ||
(4) The court shall cause certified copies of a restriction on movement order varied under this section to be sent to— | ||
(a) the offender, | ||
(b) where appropriate, the owner of, or an adult person habitually residing at, the place or places or, as the case may be, the person in charge of the place or places, specified in the order, | ||
(c) 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, and | ||
(d) where appropriate, an authorised person who is responsible under section 102 for monitoring the offender’s compliance with the order. | ||
(5) The jurisdiction vested in the court under this section shall be exercised by a judge of the District Court for the time being assigned to the district court district, or, as the case may be, a judge of the Circuit Court for the time being assigned to the circuit, in which the offender resides or is to reside while the restriction on movement order is in force. |