Criminal Justice Act 2006
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Non-compliance with restriction on movement order. |
105.—(1) Where a restriction on movement order is in force and it appears to a court, on application by a member of an Garda Síochána or, where appropriate, an authorised person who is responsible under section 102 for monitoring the offender’s compliance with the order, that the offender has failed, without reasonable cause, to comply with the order or any condition to which it is subject, the court may— | |
(a) if the order was made by a court in the district court district, or, as the case may be, the circuit, in which the offender resides or is to reside while the order is in force— | ||
(i) direct the offender to comply with the order or any such condition in so far as it has not been complied with, | ||
(ii) revoke the order and make another restriction on movement order in respect of the offender, or | ||
(iii) revoke the order and deal with the case in any other way in which it could have been dealt with before the order was made, | ||
or | ||
(b) if the order was made by a court in another district court district or, as the case may be, another circuit, remand the offender on bail to a sitting of that court to be dealt with, and for that purpose, paragraph (a) shall apply in relation to that court, with the necessary modifications. | ||
(2) The matters to be taken into account by the court in arriving at a decision pursuant to subsection (1) shall include the extent to which, and the period during which, the offender has complied with the order concerned or any condition to which it is subject. | ||
(3) Where the court proposes to exercise its powers under subsection (1), it shall summon the offender to appear before it and, if the offender does not appear in answer to the summons, it may issue a warrant for his or her arrest. | ||
(4) 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. |