Criminal Justice (Miscellaneous Provisions) Act 2023
|
Variation or discharge of order under section 28 | ||
|
29. (1) An application to the court for the variation or discharge of an order under section 28 may be made by— | ||
(a) the applicant, on notice to the respondent, | ||
(b) the respondent, on notice to the applicant, or | ||
(c) a person referred to in section 28 (1)(b), on notice to the applicant and the respondent. | ||
(2) The court, on application to it under subsection (1) for the variation of an order, may, where it is of the opinion that it is necessary and proportionate to do so, vary the order concerned as it considers appropriate. | ||
(3) The court, on application to it under subsection (1) for the discharge of an order, may— | ||
(a) where it is of the opinion that the order is no longer necessary and proportionate under all of the circumstances to protect the safety and welfare of the applicant, discharge the order, or | ||
(b) where it is of the opinion that it is necessary and proportionate to do so, vary the order concerned as it considers appropriate. | ||
(4) For the purposes of an application under this section or section 30 , an order made by the Circuit Court on appeal from the District Court shall be treated as if it had been made by the District Court. |