Criminal Justice (Miscellaneous Provisions) Act 2023
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Order under section 28 | ||
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28. (1) A— | ||
(a) person (in this Part referred to as an “applicant”), or | ||
(b) member of the Garda Síochána, acting in accordance with section 31 , on behalf of an applicant, | ||
may apply to the court for an order under this section against another person (in this Part referred to as a “respondent”). | ||
(2) Subject to subsection (7), an application under subsection (1) shall be made on notice to the respondent concerned. | ||
(3) The court, on application to it under this section, may make an order under this section where it is of the opinion that— | ||
(a) there are reasonable grounds for believing that the respondent has engaged in relevant conduct towards the applicant or, where relevant, a person connected to the applicant, and | ||
(b) the making of the order is, in all of the circumstances, necessary for, and proportionate to, the purpose of protecting the safety and welfare of the applicant. | ||
(4) An order under this section may prohibit the respondent from doing any or all of the following in respect of the applicant or, where relevant, a person connected to the applicant: | ||
(a) using or threatening to use violence against, molesting or putting in fear the person; | ||
(b) following or communicating by any means with or about the person; | ||
(c) approaching, within such distance as the court shall specify, the place of residence, education or employment of the person; | ||
(d) engaging in such other forms of relevant conduct as the court specifies. | ||
(5) An order under this section may be subject to such exceptions and conditions as the court specifies. | ||
(6) Subject to subsections (9) and (13), an order under this section shall have effect for a period of 5 years from the date on which it is made, or such shorter period as may be specified by the court. | ||
(7) An application under subsection (1) may be made ex parte, where grounded on an affidavit or information sworn by the applicant. | ||
(8) An order under this section may be made on an application to which subsection (7) applies where the court, having regard to the particular circumstances of the case, is of the opinion that there are reasonable grounds for believing that there is an immediate risk to the safety and welfare of the applicant. | ||
(9) An order under this section that is made under subsection (8) shall have effect for a period of 8 days from the day on which it is made, or such shorter period as may be specified in the order. | ||
(10) Where an order under this section is made under subsection (8)— | ||
(a) a note of evidence given by the applicant shall be prepared forthwith— | ||
(i) by the judge, | ||
(ii) by the applicant or by the applicant’s solicitor and approved by the judge, or | ||
(iii) as otherwise directed by the judge, | ||
and | ||
(b) a copy of the order, the affidavit or information sworn under subsection (7) and the note of evidence shall be served on the respondent as soon as practicable. | ||
(11) The court, on making an order under this section under subsection (8), shall cause a copy of the order to be given or sent, as soon as practicable— | ||
(a) to the applicant, and | ||
(b) to such of the persons referred to in paragraphs (d), (e) and (f) of section 35 (1) as the court considers appropriate. | ||
(12) The court, on an application under subsection (1) that is made on notice to the respondent, or between the making of that application and its determination, may, pending the determination of the application, make an order under this section (in this Part referred to as an “interim order”) where it is of the opinion that it is necessary and proportionate to do so for the purpose of protecting the safety and welfare of the applicant. | ||
(13) An interim order shall cease to have effect on the determination by the court of the application under subsection (1). | ||
(14) The court, on making an interim order, shall cause a copy of the interim order to be given or sent, as soon as practicable— | ||
(a) to the applicant, | ||
(b) to the respondent, and | ||
(c) to such of the persons referred to in paragraphs (d), (e) and (f) of section 35 (1) as the court considers appropriate. | ||
(15) The validity of an order under this section that is made under subsection (8), or an interim order, shall not be affected by non-compliance with subsection (11) or (14), as the case may be. | ||
(16) Sections 30 and 35 shall not apply to an order under this section that is made under subsection (8) or to an interim order. |