Restriction Orders

Table of Contents

Restriction on movement order.

Where a person aged 18 years or more is convicted of an offence specified below and the court which convicts him or her of the offence considers that it is appropriate to impose a sentence of imprisonment for a term of 3 months or more on the person in respect of the offence, it may, as an alternative to such a sentence, make an order under this section (“a restriction on movement order”) in respect of the person.

A restriction on movement order may restrict the offender’s movements to such extent as the court thinks fit and, without prejudice to the generality of the foregoing, may include provision—

requiring the offender to be in such place or places as may be specified for such period or periods in each day or week as may be specified, or
requiring the offender not to be in such place or places, or such class or classes of place or places, at such time or during such periods, as may be specified,

or both, but the court may not, under paragraph (a) , require the offender to be in any place or places for a period or periods of more than 12 hours in any one day.

Offences Covered

Criminal Justice (Public Order) Act 1994

section 6 (threatening, abusive or insulting behaviour in public place)
section 8 (failure to comply with direction of member of Garda Síochána)
section 11 (entering building, etc., with intent to commit an offence)
section 13 (trespass on building, etc.)
section 16 (affray)
section 19 (assault or obstruction of peace officer)

Non-Fatal Offences Against the Person Act 1997

section 2 (assault)
section 3 (assault causing harm)
section 9 (coercion)
section 10 (harassment)

Terms of Order

A restriction on movement order may be made for any period of not more than 6 months and, during that period, the offender shall keep the peace and be of good behaviour. A restriction on movement order may specify such conditions as the court considers necessary for the purposes of ensuring that while the order is in force the offender will keep the peace and be of good behaviour and will not commit any further offences.

A restriction on movement order shall specify the restrictions that are to apply to the offender’s movements and, in particular, it shall specify—

the period during which it is in force,
the period or periods in each day or week during which the offender shall be in any specified place or places,
the time at which, or the periods during which, the offender shall not be in any specified place or places or any class or classes of place or places.

In determining the period or periods during which the offender shall be in a specified place or places, the court shall have regard to the nature and circumstances of the offence of which the offender has been found guilty and any educational course, training, employment or other activity in which the offender is participating, and it shall ensure, as far as practicable, that that period or those periods do not conflict with the practice by the offender of his or her religion.

In determining the place or places, or class or classes of place or places, the time or the periods to be specified in a restriction on movement order, the court shall have regard to the nature and circumstances of the offence of which the offender has been found guilty, the time that the offender committed the offence, the place where the offence was committed and the likelihood of the offender committing another offence in the same or similar place or places or class or classes of place or places.

A court shall not make a restriction on movement order in respect of an offender unless it considers, having regard to the offender and his or her circumstances, that he or she is a suitable person in respect of whom such an order may be made and, for that purpose, the court may request a probation and welfare officer to prepare a report in writing in relation to the offender.

A restriction on movement order which restricts the movements of an offender shall not be made without the consent of the owner of, or any adult person habitually residing at, the place or places concerned or, as the case may be, the person in charge of the place or places concerned.

A court making a restriction on movement order may include in the order a requirement that the restrictions on the offender’s movements be monitored electronically in accordance with section 102 , but it shall not include such a requirement unless it considers, having regard to the offender and his or her circumstances, that he or she is a suitable person in respect of whom such a requirement may be made and, for that purpose, the court may request an authorised person to prepare a report in writing in relation to the offender.

Before making a restriction on movement order, the court shall explain to the offender in ordinary language—

the effect of the order, including any requirement which is to be included in the order under section 102 ,
the consequences which may follow any failure by the offender to comply with the requirements of the order, and
that the court has power under section 103 to vary the order on the application of any person referred to in that section,
and the court shall not make the order unless the offender agrees to comply with its requirements.

The court shall cause certified copies of a restriction on movement order to be sent to—

the offender,
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,
where appropriate, an authorised person who is responsible under section 102 for monitoring the offender’s compliance with the order.

Electronic monitoring of restriction on movement order.

Where the restrictions on an offender’s movements in a restriction on movement order are to be monitored electronically, the order shall include—

a provision making an authorised person responsible for monitoring the offender’s compliance with it, and
a requirement that the offender shall, either continuously or for such periods as may be specified, have an electronic monitoring device attached to his or her person for the purpose of enabling the monitoring of his or her compliance with the order to be carried out.

Variation of restriction on movement order.

Where a restriction on movement order is in force, the court may, if it so thinks proper, on written application by—

the offender,
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,
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,

vary the order by substituting another period or time or another place for any period, time or place specified in the order.

An application shall be made on notice to such of the other parties specified as is appropriate. Where any party specified objects to the variation of a restriction on movement order, the court shall not vary the order without hearing from that party.

The court shall cause certified copies of a restriction on movement order varied under this section to be sent to—

the offender,
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,
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
where appropriate, an authorised person who is responsible under section 102 for monitoring the offender’s compliance with the order.

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.

More than one restriction on movement order.

Where more than one restriction on movement order is in force in respect of an offender at any time, the period during which the offender is required to be in a specified place or places shall, not be for a period of more than 6 months.

Where a court makes restriction on movement orders in respect of 2 or more offences of which the offender has been found guilty, it may direct that the period for which the offender is required by any of those orders to be in a specified place or places shall be concurrent with or additional to that specified in any other of those orders.

Where a court makes a restriction on movement order and at the time of the making of the order there is in force in respect of the offender another such order (whether made by the same or a different court), the court making the later order may direct in that order that the period for which the offender is required by that order to be in a specified place or places shall be concurrent with or additional to that specified in the earlier order.

Non-compliance with restriction order

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 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—

direct the offender to comply with the order or any such condition in so far as it has not been complied with,
revoke the order and make another restriction on movement order in respect of the offender, or
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,

Alternatively, 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, the above shall apply in relation to that court, with the necessary modifications.

The matters to be taken into account by the court in arriving at a decision 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. Where the court proposes to exercise its powers , 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.

Where 2 or more sentences, one of which is a restriction on movement order, are passed on an offender by the District Court and are ordered to run consecutively, the aggregate of the period during which the order in respect of the offender is in force and the period of any term or terms of imprisonment imposed on him or her shall not exceed the maximum period of the aggregate term of imprisonment specified in section 5 of the Criminal Justice Act 1951.

Documentary evidence in relation to offenders.

Evidence of the presence or absence of the offender in or from a particular place at a particular time may, subject to the provisions of this section, be given by the production of a document or documents being—

a statement produced automatically or otherwise by a device, prescribed by regulations under section 111, by which the offender’s whereabouts were electronically monitored, and
a certificate signed by an authorised person who is responsible under section 102 for monitoring the offender’s compliance with the order that the statement relates to the whereabouts of the offender at the dates and times shown in the statement.

The statement and certificate shall, when produced at a hearing, be evidence, until the contrary is shown, of the facts set out in them.

(3) Neither the statement nor the certificate mentioned in subsection (1) shall be admissible in evidence unless a copy of both has been served on the offender prior to the hearing.

Temporary release of prisoners.

A direction in respect of a person aged 18 years or more may be subject to a condition restricting the person’s movements to such extent as the Minister thinks fit and specifies in the direction and those restrictions may be monitored electronically as below. A direction may include provision—

requiring the person to be in such place or places as may be specified for such period or periods in each day or week as may be specified, or
requiring the person not to be in such place or places, or such class or classes of place or places, at such time or during such periods, as may be specified,

or both, but the Minister may not, under paragraph (a), require the person to be in any place or places for a period or periods of more than 12 hours in any one day.

A direction shall not be subject to a condition which restricts the movements of a person without the consent of the owner of, or any adult person habitually residing at, the place or places concerned or, as the case may be, the person in charge of the place or places concerned.

Where the restrictions on a person’s movements imposed by a condition in a direction are to be monitored electronically, the direction shall include—

a provision making an authorised person responsible for monitoring the person’s compliance with the condition and the condition referred to in paragraph (b), and
a condition that the person shall, either continuously or for such periods of not more than 6 months as may be specified have an electronic monitoring device attached to his or her person for the purpose of enabling the monitoring of his or her compliance with the condition restricting his or her movements to be carried out.

A condition shall not be imposed unless the person concerned agrees to comply with it, but the absence of such agreement shall not confer an entitlement on that person to be released pursuant to a direction.

Prisoners on temporary release.

In any proceedings for an offence of being unlawfully at large in breach of temporary release provisions, 1960 evidence of the presence or absence of the person in or from a particular place at a particular time may, subject to the provisions of this section, be given by the production of a document or documents being—

a statement produced automatically or otherwise by a device, prescribed by regulations made under section 111, by which the person’s whereabouts were electronically monitored, and
a certificate signed by an authorised person who is responsible under section 108(4) for monitoring the offender’s compliance with the condition in the direction that the statement relates to the whereabouts of the person at the dates and times shown in the statement.

The statement and certificate shall, when produced at a hearing, be evidence, until the contrary is shown, of the facts set out in them. Neither the statement nor the certificate shall be admissible in evidence unless a copy of both has been served on the person prior to the hearing.