Part 2Serious disruption prevention orders
Variation, renewal or discharge of serious disruption prevention orders
I1I228Variation, renewal or discharge of serious disruption prevention order
1
Where a serious disruption prevention order has been made in respect of a person (“P”), a person within subsection (2) may apply to the appropriate court for an order varying, renewing or discharging the order.
2
Those persons are—
a
P;
b
the chief officer of police for the police area in which P lives;
c
a chief officer of police who believes that P is in, or is intending to come to, the chief officer’s police area;
d
e
the chief officer of police for a police area in which P committed an offence on the basis of which the order was made;
f
where the order was made following an application by a constable within subsection (3), that constable.
3
Those constables are—
a
the chief constable of the British Transport Police Force;
b
the chief constable of the Civil Nuclear Constabulary;
c
the chief constable of the Ministry of Defence Police.
4
An application under this section must be made—
a
where the appropriate court is a magistrates’ court, by complaint;
b
in any other case, in accordance with rules of court.
5
Before making a decision on an application under this section, the court must hear—
a
the person making the application, and
b
any other person within subsection (2) who wishes to be heard.
6
7
The court may—
a
vary a serious disruption prevention order so as to—
i
extend the period for which the order has effect,
ii
extend the period for which a requirement or prohibition imposed by the order has effect, or
iii
impose an additional prohibition or requirement on P, or
b
renew a serious disruption prevention order,
only if it considers that to do so is necessary for a purpose mentioned in subsection (8).
8
The purposes are—
a
to prevent P from committing a protest-related offence or a protest-related breach of an injunction,
b
to prevent P from carrying out activities related to a protest that result in, or are likely to result in, serious disruption to two or more individuals, or to an organisation, in England and Wales,
c
to prevent P from causing or contributing to—
i
the commission by any other person of a protest-related offence or a protest-related breach of an injunction, or
ii
the carrying out by any other person of activities related to a protest that result in, or are likely to result in, serious disruption to two or more individuals, or to an organisation, in England and Wales, or
d
to protect two or more individuals, or an organisation, in England and Wales from the risk of serious disruption arising from—
i
a protest-related offence,
ii
a protest-related breach of an injunction, or
iii
activities related to a protest.
9
The court may not renew a serious disruption prevention order more than once.
10
a
the variation of a serious disruption prevention order so as to—
i
extend the period for which the order has effect,
ii
extend the period for which a requirement or prohibition imposed by the order has effect, or
iii
impose an additional prohibition or requirement on P, or
b
the renewal of a serious disruption prevention order,
as they have effect in relation to the making of such an order.
11
On making an order under this section varying or renewing a serious disruption prevention order, the court must in ordinary language explain to P the effects of the serious disruption prevention order (as varied or renewed).
12
Section 127 of the Magistrates’ Courts Act 1980 does not apply to a complaint under this section.
13
In this section “the appropriate court” means—
a
where the Crown Court or the Court of Appeal made the order, the Crown Court;
b
where a magistrates’ court made the order and the application is made by P or a constable within subsection (3)—
i
that magistrates’ court, or
ii
a magistrates’ court for the area in which P lives;
c
where a magistrates’ court made the order and the application is made by a chief officer of police—
i
that magistrates’ court,
ii
a magistrates’ court for the area in which P lives, or
iii
a magistrates’ court acting for a local justice area that includes any part of the chief officer’s police area.