{"id":1562,"date":"2021-08-01T23:19:23","date_gmt":"2021-08-01T23:19:23","guid":{"rendered":"http:\/\/legalblog.ie\/?p=1562"},"modified":"2024-03-23T10:01:36","modified_gmt":"2024-03-23T10:01:36","slug":"anti-social-behaviour-orders","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/anti-social-behaviour-orders\/","title":{"rendered":"Anti-Social Behaviour Orders"},"content":{"rendered":"<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_63 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title \" >Table of Contents<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" aria-label=\"Toggle Table of Content\"><span class=\"ez-toc-js-icon-con\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/span><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><ul class='ez-toc-list-level-3' ><li class='ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/legalblog.ie\/anti-social-behaviour-orders\/#General\" title=\"General\">General<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/legalblog.ie\/anti-social-behaviour-orders\/#Behaviour_Warning\" title=\"Behaviour Warning\">Behaviour Warning<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/legalblog.ie\/anti-social-behaviour-orders\/#Civil_Proceeding\" title=\"Civil Proceeding\">Civil Proceeding<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/legalblog.ie\/anti-social-behaviour-orders\/#Civil_Order_Issues\" title=\"Civil Order Issues\">Civil Order Issues<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-5\" href=\"https:\/\/legalblog.ie\/anti-social-behaviour-orders\/#Offences\" title=\"Offences\">Offences<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-6\" href=\"https:\/\/legalblog.ie\/anti-social-behaviour-orders\/#Legal_Aid\" title=\"Legal Aid\">Legal Aid<\/a><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-7\" href=\"https:\/\/legalblog.ie\/anti-social-behaviour-orders\/2\/#CRIMINAL_JUSTICE_ACT_2006\" title=\"CRIMINAL JUSTICE ACT 2006\">CRIMINAL JUSTICE ACT 2006<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-8\" href=\"https:\/\/legalblog.ie\/anti-social-behaviour-orders\/2\/#Civil_Proceedings_in_Relation_to_Anti-Social_Behaviour\" title=\"Civil Proceedings in Relation to Anti-Social Behaviour\">Civil Proceedings in Relation to Anti-Social Behaviour<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-9\" href=\"https:\/\/legalblog.ie\/anti-social-behaviour-orders\/2\/#Behaviour_warnings\" title=\"Behaviour warnings.\">Behaviour warnings.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-10\" href=\"https:\/\/legalblog.ie\/anti-social-behaviour-orders\/2\/#Civil_orders\" title=\"Civil orders.\">Civil orders.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-11\" href=\"https:\/\/legalblog.ie\/anti-social-behaviour-orders\/2\/#Appeals_against_a_civil_order\" title=\"Appeals against a civil order.\">Appeals against a civil order.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-12\" href=\"https:\/\/legalblog.ie\/anti-social-behaviour-orders\/2\/#Offences-2\" title=\"Offences.\">Offences.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-13\" href=\"https:\/\/legalblog.ie\/anti-social-behaviour-orders\/2\/#Legal_aid\" title=\"Legal aid.\">Legal aid.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-14\" href=\"https:\/\/legalblog.ie\/anti-social-behaviour-orders\/2\/#Regulations_legal_aid\" title=\"Regulations (legal aid).\">Regulations (legal aid).<\/a><\/li><\/ul><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-15\" href=\"https:\/\/legalblog.ie\/anti-social-behaviour-orders\/2\/#CRIMINAL_JUSTICE_MISCELLANEOUS_PROVISIONS_ACT_2023\" title=\"CRIMINAL JUSTICE (MISCELLANEOUS PROVISIONS) ACT 2023\">CRIMINAL JUSTICE (MISCELLANEOUS PROVISIONS) ACT 2023<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-16\" href=\"https:\/\/legalblog.ie\/anti-social-behaviour-orders\/2\/#Civil_orders_against_relevant_conduct\" title=\"Civil orders against relevant conduct\">Civil orders against relevant conduct<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-17\" href=\"https:\/\/legalblog.ie\/anti-social-behaviour-orders\/2\/#Definitions_Part_5\" title=\"Definitions (Part 5)\">Definitions (Part 5)<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-18\" href=\"https:\/\/legalblog.ie\/anti-social-behaviour-orders\/2\/#Order_under_section_28\" title=\"Order under section 28\">Order under section 28<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-19\" href=\"https:\/\/legalblog.ie\/anti-social-behaviour-orders\/2\/#Variation_or_discharge_of_order_under_section_28\" title=\"Variation or discharge of order under section 28\">Variation or discharge of order under section 28<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-20\" href=\"https:\/\/legalblog.ie\/anti-social-behaviour-orders\/2\/#Renewal_of_order_under_section_28\" title=\"Renewal of order under section 28\">Renewal of order under section 28<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-21\" href=\"https:\/\/legalblog.ie\/anti-social-behaviour-orders\/2\/#Application_under_section_28_29_or_30_by_member_of_Garda_Siochana\" title=\"Application under section 28, 29 or 30 by member of Garda S\u00edoch\u00e1na\">Application under section 28, 29 or 30 by member of Garda S\u00edoch\u00e1na<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-22\" href=\"https:\/\/legalblog.ie\/anti-social-behaviour-orders\/2\/#Protection_against_cross-examination_by_applicant_or_respondent\" title=\"Protection against cross-examination by applicant or respondent\">Protection against cross-examination by applicant or respondent<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-23\" href=\"https:\/\/legalblog.ie\/anti-social-behaviour-orders\/2\/#Requirement_to_give_reasons_for_certain_decisions\" title=\"Requirement to give reasons for certain decisions\">Requirement to give reasons for certain decisions<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-24\" href=\"https:\/\/legalblog.ie\/anti-social-behaviour-orders\/2\/#Taking_effect_of_relevant_order\" title=\"Taking effect of relevant order\">Taking effect of relevant order<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-25\" href=\"https:\/\/legalblog.ie\/anti-social-behaviour-orders\/2\/#Copies_of_orders_to_be_given_to_certain_persons\" title=\"Copies of orders to be given to certain persons\">Copies of orders to be given to certain persons<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-26\" href=\"https:\/\/legalblog.ie\/anti-social-behaviour-orders\/2\/#Exercise_of_jurisdiction_by_court_in_civil_proceedings\" title=\"Exercise of jurisdiction by court in civil proceedings\">Exercise of jurisdiction by court in civil proceedings<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-27\" href=\"https:\/\/legalblog.ie\/anti-social-behaviour-orders\/2\/#Hearing_of_proceedings\" title=\"Hearing of proceedings\">Hearing of proceedings<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-28\" href=\"https:\/\/legalblog.ie\/anti-social-behaviour-orders\/2\/#Special_sitting_of_District_Court\" title=\"Special sitting of District Court\">Special sitting of District Court<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-29\" href=\"https:\/\/legalblog.ie\/anti-social-behaviour-orders\/2\/#Evidence_through_television_link_for_civil_proceedings\" title=\"Evidence through television link for civil proceedings\">Evidence through television link for civil proceedings<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-30\" href=\"https:\/\/legalblog.ie\/anti-social-behaviour-orders\/2\/#Right_to_be_accompanied_in_court_in_certain_circumstances\" title=\"Right to be accompanied in court in certain circumstances\">Right to be accompanied in court in certain circumstances<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-31\" href=\"https:\/\/legalblog.ie\/anti-social-behaviour-orders\/2\/#Costs\" title=\"Costs\">Costs<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-32\" href=\"https:\/\/legalblog.ie\/anti-social-behaviour-orders\/2\/#Rules_of_court_and_service_of_documents\" title=\"Rules of court and service of documents\">Rules of court and service of documents<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-33\" href=\"https:\/\/legalblog.ie\/anti-social-behaviour-orders\/2\/#Extraterritoriality\" title=\"Extraterritoriality\">Extraterritoriality<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-34\" href=\"https:\/\/legalblog.ie\/anti-social-behaviour-orders\/2\/#Offence\" title=\"Offence\">Offence<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-35\" href=\"https:\/\/legalblog.ie\/anti-social-behaviour-orders\/2\/#Arrest_without_warrant\" title=\"Arrest without warrant\">Arrest without warrant<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-36\" href=\"https:\/\/legalblog.ie\/anti-social-behaviour-orders\/2\/#Prohibition_on_publication_or_broadcast_of_certain_material_relating_to_offence_under_section_44\" title=\"Prohibition on publication or broadcast of certain material relating to offence under section 44\">Prohibition on publication or broadcast of certain material relating to offence under section 44<\/a><\/li><\/ul><\/li><\/ul><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"General\"><\/span>General<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Criminal Justice Act 2006 provides for antisocial behaviour orders.\u00a0 This is separate from the Children Act which makes similar provisions for behaviour orders in relation to children.<\/p>\n<p>A person behaves in an antisocial manner if he causes or in the circumstances is likely to cause to one or more persons who are not in the same household as the person<\/p>\n<ul>\n<li>harassment.<\/li>\n<li>significant or persistent alarm, distress, fear or intimidation<\/li>\n<li>significant or persistent impairment of the use and enjoyment of their property.<\/li>\n<\/ul>\n<p>The legislation does not apply to persons in respect of whom criminal proceedings are initiated.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Behaviour_Warning\"><\/span>Behaviour Warning<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Members of an Garda Siochana may give a behaviour warning to persons who have behaved in an antisocial manner, within the above definition.\u00a0 This informs the person that he or she has behaved in an antisocial manner and demands that he cease to behave or otherwise or otherwise address the issue.<\/p>\n<p>The warning may be given verbally or in writing.\u00a0 If it is given verbally, a record is to be made as soon as practicable and sent to the person concerned.<\/p>\n<p>A member of an Garda Siochana may require that a person furnish his name and address for the purpose of the order.\u00a0 There is a time limit (one month) in which an order may be issued. It remains in force for three months.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Civil_Proceeding\"><\/span>Civil Proceeding<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Civil proceedings may be instituted while the warning remains in force. Before making the application, the senior member of the Garda S\u00edoch\u00e1na must be satisfied that either or both of the following conditions have been met:<\/p>\n<ul>\n<li>the respondent has been issued a behaviour warning and has not complied with one or more of the demands of that warning;<\/li>\n<li>the respondent has been issued 3 or more behaviour warnings in less than 6 consecutive months.<\/li>\n<\/ul>\n<p>On application made, the District Court may make an order (a \u201ccivil order\u201d) prohibiting the respondent from doing anything specified in the order if the court is satisfied that\u2014<\/p>\n<ul>\n<li>the respondent has behaved in an anti-social manner,<\/li>\n<li>the order is necessary to prevent the respondent from continuing to behave in that manner, and<\/li>\n<li>having regard to the effect or likely effect of that behaviour on other persons, the order is reasonable and proportionate in the circumstances.<\/li>\n<\/ul>\n<p>The court may impose terms or conditions in the civil order that the court considers appropriate.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Civil_Order_Issues\"><\/span>Civil Order Issues<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>An application for a civil order may only be made by a senior member of the Garda S\u00edoch\u00e1na and shall be made on notice to the respondent, and in the district court district in which the respondent resides at the time.<\/p>\n<p>A civil order may be made only after a breach of a behaviour warning or after three or more behaviour warnings are given in a six-month period.\u00a0 The maximum civil order duration is two years. The civil order may impose terms and conditions as the court considers appropriate.<\/p>\n<p>The applicant may not be prosecuted or punished in relation to an offence comprising the act or omission of the subject of the civil order pursuant to a behaviour order.<\/p>\n<p>The standard of proof in proceedings is that applicable in civil proceedings.<\/p>\n<p>A person may appeal against the civil order to the Circuit Court.\u00a0 This must be taken, if at all, within 21 days from the date of the order. Notice is to be given of the appeal to the relevant senior member of an Garda Siochana. The civil order is to remain in force unless a stay is placed on it.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Offences\"><\/span>Offences<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>It is an offence to fail to give a name and address when requested by a member of an Garda Siochana.\u00a0 It is an offence to fail to comply with the civil order to which a person is subject.\u00a0 A member of an Garda Siochana may arrest a person in breach of a civil order without a warrant.<\/p>\n<p>The penalty for failure to provide a name and address is up to \u20ac500compliance.<\/p>\n<p>The fine for non-compliance with a civil order is fine up to \u20ac3,000 or imprisonment up to six months.<\/p>\n<p>A member of an Garda Siochana may arrest a person without a warrant where he has reasonable grounds to believe that he has committed one of the above offences.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Legal_Aid\"><\/span>Legal Aid<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A person who is the subject of an application for civil order may in some cases be granted free legal aid.\u00a0 There is a specific provision for a legal aid civil order certificate.\u00a0 It is potentially available to assist a person in preparation and presentation at the hearing of an application for a civil order or the variation or discharge of the civil order in certain subsequent proceedings.<\/p>\n<p>A legal aid certificate may not be granted unless it appears to the court that the person\u2019s means are insufficient to enable him to obtain legal aid, by reason of the gravity of the behaviour alleged to be antisocial or of exceptional circumstances, it is essential in the interests of the justice that the person should have legal aid and representation in the hearing. The Minister for Justice may make regulations for the purpose of the legal aid scheme for civil orders.<\/p>\n<p><!--nextpage--><\/p>\n<h2>CRIMINAL JUSTICE ACT 2006<\/h2>\n<p>&nbsp;<\/p>\n<p>&nbsp;<\/p>\n<p>PART 11<\/p>\n<h4>Civil Proceedings in Relation to Anti-Social Behaviour<\/h4>\n<p>Interpretation and application of this Part.<\/p>\n<p>113.\u2014 (1) In this Part\u2014<\/p>\n<p>\u201cbehaviour warning\u201d has the meaning assigned to it under section 114;<\/p>\n<p>\u201ccivil order\u201d means an order described in section 115(1);<\/p>\n<p>\u201csenior member of the Garda S\u00edoch\u00e1na\u201d means a member of the Garda S\u00edoch\u00e1na not below the rank of a superintendent.<\/p>\n<p>(2) For the purposes of this Part, a person behaves in an anti-social manner if the person causes or, in the circumstances, is likely to cause, to one or more persons who are not of the same household as the person\u2014<\/p>\n<p>(a) harassment,<\/p>\n<p>(b) significant or persistent alarm, distress, fear or intimidation, or<\/p>\n<p>(c) significant or persistent impairment of their use or enjoyment of their property.<\/p>\n<p>(3) This Part does not apply\u2014<\/p>\n<p>(a) in respect of behaviour of a person who is under the age of 18 years at the time the behaviour takes place,<\/p>\n<p>(b) to any behaviour of a person that takes place before this section comes into force, or<\/p>\n<p>(c) to any act or omission of a person in respect of which criminal proceedings have been instituted against that person.<\/p>\n<h4>Behaviour warnings.<\/h4>\n<p>114.\u2014 (1) Subject to subsection (5), a member of the Garda S\u00edoch\u00e1na may issue a behaviour warning to a person who has behaved in an anti-social manner.<\/p>\n<p>(2) The behaviour warning may be issued orally or in writing and, if it is issued orally, it shall be recorded in writing as soon as reasonably practicable and a written record of the behaviour warning shall be served on the person personally or by post.<\/p>\n<p>(3) The behaviour warning or, if it is given orally, the written record of it shall\u2014<\/p>\n<p>(a) include a statement that the person has behaved in an anti-social manner and indicate what that behaviour is and when and where it took place,<\/p>\n<p>(b) demand that the person cease the behaviour or otherwise address the behaviour in the manner specified in the warning, and<\/p>\n<p>(c) include notice that\u2014<\/p>\n<p>(i) failure to comply with a demand under paragraph (b), or<\/p>\n<p>(ii) issuance of a subsequent behaviour warning,<\/p>\n<p>may result in an application being made for a civil order.<\/p>\n<p>(4) The member of the Garda S\u00edoch\u00e1na referred to in subsection (1) may require the person to give his or her name and address to the member for purposes of the behaviour warning or the written record of it.<\/p>\n<p>(5) A behaviour warning may not be issued more than one month after the time that\u2014<\/p>\n<p>(a) the behaviour took place, or<\/p>\n<p>(b) in the case of persistent behaviour, the most recent known instance of that behaviour took place.<\/p>\n<p>(6) Subject to subsection (7), a behaviour warning remains in force against the person to whom it is issued for 3 months from the date that it is issued.<\/p>\n<p>(7) If an application is made under section 115 in respect of the person, the behaviour warning remains in force against the person until the application is heard or otherwise determined by the District Court.<\/p>\n<h4>Civil orders.<\/h4>\n<p>115.\u2014 (1) On application made in accordance with this section, the District Court may make an order (a \u201ccivil order\u201d) prohibiting the respondent from doing anything specified in the order if the court is satisfied that\u2014<\/p>\n<p>(a) the respondent has behaved in an anti-social manner,<\/p>\n<p>(b) the order is necessary to prevent the respondent from continuing to behave in that manner, and<\/p>\n<p>(c) having regard to the effect or likely effect of that behaviour on other persons, the order is reasonable and proportionate in the circumstances.<\/p>\n<p>(2) The court may impose terms or conditions in the civil order that the court considers appropriate.<\/p>\n<p>(3) An application for a civil order may only be made by a senior member of the Garda S\u00edoch\u00e1na and shall be made\u2014<\/p>\n<p>(a) on notice to the respondent, and<\/p>\n<p>(b) in the district court district in which the respondent resides at the time.<\/p>\n<p>(4) Before making the application, the senior member of the Garda S\u00edoch\u00e1na must be satisfied that either or both of the following conditions have been met:<\/p>\n<p>(a) the respondent has been issued a behaviour warning and has not complied with one or more of the demands of that warning;<\/p>\n<p>(b) the respondent has been issued 3 or more behaviour warnings in less than 6 consecutive months.<\/p>\n<p>(5) The respondent in an application under subsection (1) may not at any time be charged with, prosecuted or punished for an offence if the act or omission that constitutes the offence is the same behaviour that is the subject of the application and is to be determined by the court under subsection (1)(a).<\/p>\n<p>(6) Unless discharged under subsection (7), a civil order remains in force for no more than the lesser of the following:<\/p>\n<p>(a) two years from the date the order is made;<\/p>\n<p>(b) the period specified in the order.<\/p>\n<p>(7) The court may vary or discharge a civil order on the application of the person subject to that order or a senior member of the Garda S\u00edoch\u00e1na.<\/p>\n<p>(8) An applicant under subsection (7) shall give notice of the application\u2014<\/p>\n<p>(a) if the applicant is the person subject to the civil order, to a senior member of the Garda S\u00edoch\u00e1na in the Garda S\u00edoch\u00e1na district in which the applicant resides, or<\/p>\n<p>(b) if the applicant is a senior member of the Garda S\u00edoch\u00e1na, to the person who is the subject of the civil order.<\/p>\n<p>(9) The standard of proof in proceedings under this section is that applicable to civil proceedings.<\/p>\n<p>(10) The jurisdiction conferred on the District Court by this section may be exercised as follows:<\/p>\n<p>(a) in respect of subsections (1) and (2), by a judge of the District Court for the time being assigned to the district court district in which the respondent resides at the time the application is made;<\/p>\n<p>(b) in respect of subsection (7), by a judge of the District Court for the time being assigned to the district court district in which the person subject to the civil order resides at the time the application is made.<\/p>\n<p>Annotations:<\/p>\n<p>Amendments:<\/p>\n<p>F44<br \/>\nSubstituted by Garda S\u00edoch\u00e1na (Functions and Operational Areas) Act 2022 (7\/2022), s. 4(1) and sch. 1 ref. 24, not commenced as of date of revision, subject to transitional provisions in ss. 13, 26.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C10<br \/>\nProspective affecting provision: subs. (8)(a) amended by Garda S\u00edoch\u00e1na (Functions and Operational Areas) Act 2022(7\/2022), s. 4(1) and sch. 1 ref. 24, not commenced as of date of revision, subject to transitional provisions in ss. 13, 26.<\/p>\n<p>(a) if the applicant is the person subject to the civil order, to a senior member of the Garda S\u00edoch\u00e1na in the Garda S\u00edoch\u00e1na F44[division] in which the applicant resides, or<\/p>\n<h4>Appeals against a civil order.<\/h4>\n<p>116.\u2014 (1) A person against whom a civil order has been made may, within 21 days from the date that the order is made, appeal the making of the order to the Circuit Court.<\/p>\n<p>(2) An appellant under subsection (1) shall give notice of the appeal to a senior member of the Garda S\u00edoch\u00e1na in the Garda S\u00edoch\u00e1na district in which the appellant resides.<\/p>\n<p>(3) Notwithstanding the appeal, the civil order shall remain in force unless the court that made the order or the appeal court places a stay on it.<\/p>\n<p>(4) An appeal under this section shall be in the nature of a rehearing of the application under section 115 and, for this purpose, subsections (1), (2) and (5) of that section apply in respect of the matter.<\/p>\n<p>(5) If on appeal under this section, the appeal court makes a civil order, the provisions of section 115(6) to (8) apply in respect of the matter.<\/p>\n<p>(6) Notwithstanding the appeal period described in subsection (1), the Circuit Court may, on application by the person subject to the civil order, extend the appeal period if satisfied that exceptional circumstances exist which warrant the extension.<\/p>\n<p>(7) The standard of proof in proceedings under this section is that applicable to civil proceedings.<\/p>\n<p>(8) The jurisdiction conferred on the Circuit Court by this section may be exercised as follows:<\/p>\n<p>(a) in respect of section 115(1) and (2) as those provisions apply to the Circuit Court under subsection (4) of this section, by a judge of the Circuit Court for the time being assigned to the circuit in which the appellant under this section resides at the time the appeal is commenced;<\/p>\n<p>(b) in respect of section 115(7) as it applies to the Circuit Court under subsection (5) of this section, by a judge of the Circuit Court for the time being assigned to the circuit in which the person subject to the civil order resides at the time the application is made;<\/p>\n<p>(c) in respect of subsection (6) of this section, by a judge of the Circuit Court for the time being assigned to the circuit in which the person subject to the civil order resides at the time the application is made.<\/p>\n<p>Annotations:<\/p>\n<p>Amendments:<\/p>\n<p>F45<br \/>\nSubstituted by Garda S\u00edoch\u00e1na (Functions and Operational Areas) Act 2022(7\/2022), s. 4(1) and sch. 1 ref. 24, not commenced as of date of revision, subject to transitional provisions in ss. 13, 26.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C11<br \/>\nProspective affecting provision: subs. 2 amended by Garda S\u00edoch\u00e1na (Functions and Operational Areas) Act 2022(7\/2022), s. 4(1) and sch. 1 ref. 24, not commenced as of date of revision, subject to transitional provisions in ss. 13, 26.<\/p>\n<p>(2) An appellant under subsection (1) shall give notice of the appeal to a senior member of the Garda S\u00edoch\u00e1na in the Garda S\u00edoch\u00e1na F45[division] in which the appellant resides.<\/p>\n<h4>Offences.<\/h4>\n<p>117.\u2014 (1) A person commits an offence who\u2014<\/p>\n<p>(a) fails to give a name and address when required to do so under section 114(4) or gives a name or address that is false or misleading in response to that requirement, or<\/p>\n<p>(b) without reasonable excuse, does not comply with a civil order to which the person is subject.<\/p>\n<p>(2) A member of the Garda S\u00edoch\u00e1na may arrest a person without warrant if the member has reasonable grounds to believe that the person has committed an offence under subsection (1)(b).<\/p>\n<p>(3) A person who commits an offence under subsection (1) is liable, on summary conviction, to the following:<\/p>\n<p>(a) for an offence under subsection (1)(a), a fine not exceeding \u20ac500;<\/p>\n<p>(b) for an offence under subsection (1)(b), a fine not exceeding \u20ac3,000 or imprisonment for a term not exceeding 6 months or both.<\/p>\n<p>Annotations<\/p>\n<p>Editorial Notes:<\/p>\n<p>E39<br \/>\nObligation imposed on tenants to provide details of convictions under section to housing authority at the time of applying to purchase an apartment under Housing (Miscellaneous Provisions) Act 2009 (22\/2009), Part 4 (1.01.2012) by Housing (Tenant Purchase of Apartments) Regulations 2011 (S.I. No. 679 of 2011), reg. 31(d), in effect as per reg. 2.<\/p>\n<p>E40<br \/>\nObligation imposed on households to provide details of convictions under section to housing authority or other approved body when applying to purchase a dwelling under an incremental purchase arrangement (14.06.2010) by Housing (Incremental Purchase) Regulations 2010 (S.I. No. 252 of 2010), reg. 6(b)(iv)(II).<\/p>\n<h4>Legal aid.<\/h4>\n<p>118.\u2014 (1) Subject to subsection (2), a person who is the subject of an application for a civil order may be granted a certificate for free legal aid (in this Part referred to as a \u201clegal aid (civil order) certificate\u201d) in preparation for and representation at the hearing of\u2014<\/p>\n<p>(a) the application,<\/p>\n<p>(b) an application by the person to vary or discharge a civil order,<\/p>\n<p>(c) any appeal by the person against the making of the civil order, and<\/p>\n<p>(d) any proceedings in the High Court or Supreme Court arising out of the making of the application, the appeal or any subsequent proceedings.<\/p>\n<p>(2) A legal aid (civil order) certificate may not be granted under subsection (1) unless it appears to the court hearing the application for the certificate that\u2014<\/p>\n<p>(a) the means of the person concerned are insufficient to enable that person to obtain legal aid, and<\/p>\n<p>(b) by reason of the gravity of the behaviour alleged to be anti-social or of exceptional circumstances, it is essential in the interests of justice that the person should have legal aid in preparation for and representation at the hearing concerned.<\/p>\n<p>(3) A person who is granted a legal aid (civil order) certificate is entitled\u2014<\/p>\n<p>(a) to free legal aid in preparation for and representation at the hearing of the application for a civil order and any proceedings referred to in subsection (1)(b) , (c) and (d), and<\/p>\n<p>(b) to have, in such manner as may be prescribed,<\/p>\n<p>(i) a solicitor assigned to the person in relation to the application for the civil order or any application to vary or discharge it,<\/p>\n<p>(ii) a solicitor assigned to the person in relation to any other such proceedings, and<\/p>\n<p>(iii) if the court granting the certificate considers it appropriate, a counsel assigned to the person in relation to proceedings referred to in subparagraph (ii).<\/p>\n<p>(4) If a legal aid (civil order) certificate is granted, any fees, costs or other expenses properly incurred in preparation for and representation at the proceedings concerned shall, subject to regulations under section 119, be paid out of moneys provided by the Oireachtas.<\/p>\n<p>(5) A person applying for a legal aid (civil order) certificate may be required by the court granting the certificate to furnish a written statement of the person\u2019s means.<\/p>\n<p>(6) A person who, for the purpose of obtaining free legal aid under this section, whether for himself or herself or for some other person, knowingly makes a false or misleading statement or representation either orally or in writing, or knowingly conceals any material fact, commits an offence and is liable on summary conviction to a fine not exceeding \u20ac2,500 or imprisonment for a term not exceeding 6 months or both.<\/p>\n<p>(7) On conviction of a person for an offence under this section, the court by which the person is convicted may, if in the circumstances of the case it thinks fit, order the person to pay to the Minister the whole or part of any sum paid under subsection (4) in respect of the free legal aid in relation to which the offence was committed, and any sum so paid to the Minister shall be paid into and disposed of for the benefit of the Exchequer in accordance with the directions of the Minister for Finance.<\/p>\n<h4>Regulations (legal aid).<\/h4>\n<p>119.\u2014 (1) The Minister may make regulations for carrying section 118 into effect.<\/p>\n<p>(2) The regulations may, in particular, prescribe any of the following:<\/p>\n<p>(a) the form of certificates granted under that section;<\/p>\n<p>(b) the rates or scales of payment of any fees, costs or other expenses payable out of moneys provided by the Oireachtas under those certificates;<\/p>\n<p>(c) the manner in which solicitors and counsel are to be assigned under those certificates.<\/p>\n<p>(3) Regulations under subsection (2) (b) shall not be made without the consent of the Minister for Finance.<\/p>\n<p>(4) Pending the making of regulations under this section, the regulations under section 10 of the Criminal Justice (Legal Aid) Act 1962 apply and have effect, with the necessary modifications, in relation to certificates for free legal aid granted under section 118 of this Act as if they were certificates for free legal aid granted under the Criminal Justice (Legal Aid) Act 1962.<\/p>\n<h2>CRIMINAL JUSTICE (MISCELLANEOUS PROVISIONS) ACT 2023<\/h2>\n<p>&nbsp;<\/p>\n<p>PART 5<\/p>\n<h4>Civil orders against relevant conduct<\/h4>\n<h4>Definitions (Part 5)<\/h4>\n<p>27. (1) In this Part, \u201ccourt\u201d means the District Court, or, on appeal from the District Court, the Circuit Court.<\/p>\n<p>(2) For the purposes of this Part, \u201crelevant conduct\u201d means conduct engaged in, without lawful authority or reasonable excuse, by the respondent towards the applicant or, where relevant, a person connected to the applicant, that would reasonably be considered likely to cause the applicant\u2014<\/p>\n<p>(a) to fear that violence will be used against the applicant or person, or<\/p>\n<p>(b) serious alarm or distress that has a substantial adverse impact on his or her usual day-to-day activities.<\/p>\n<p>(3) Without prejudice to the generality of subsection (2), the conduct referred to in that subsection includes the following:<\/p>\n<p>(a) following, watching, monitoring, tracking or spying upon a person;<\/p>\n<p>(b) pestering a person;<\/p>\n<p>(c) impersonating a person;<\/p>\n<p>(d) communicating with or about a person;<\/p>\n<p>(e) purporting to act or communicate on behalf of a person;<\/p>\n<p>(f) disclosing to other persons private information in respect of a person;<\/p>\n<p>(g) interfering with the property (including pets) of a person;<\/p>\n<p>(h) loitering in the vicinity of a person;<\/p>\n<p>(i) causing, without the consent of the person, an electronic communication or information system operated by a person to function in a particular way.<\/p>\n<p>(4) A reference in this Part to an order under section 28 includes a reference to such an order as varied under section 29 and to a further order made under section 30 .<\/p>\n<h4>Order under section 28<\/h4>\n<p>28. (1) A\u2014<\/p>\n<p>(a) person (in this Part referred to as an \u201capplicant\u201d), or<\/p>\n<p>(b) member of the Garda S\u00edoch\u00e1na, acting in accordance with section 31 , on behalf of an applicant,<\/p>\n<p>may apply to the court for an order under this section against another person (in this Part referred to as a \u201crespondent\u201d).<\/p>\n<p>(2) Subject to subsection (7), an application under subsection (1) shall be made on notice to the respondent concerned.<\/p>\n<p>(3) The court, on application to it under this section, may make an order under this section where it is of the opinion that\u2014<\/p>\n<p>(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<\/p>\n<p>(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.<\/p>\n<p>(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:<\/p>\n<p>(a) using or threatening to use violence against, molesting or putting in fear the person;<\/p>\n<p>(b) following or communicating by any means with or about the person;<\/p>\n<p>(c) approaching, within such distance as the court shall specify, the place of residence, education or employment of the person;<\/p>\n<p>(d) engaging in such other forms of relevant conduct as the court specifies.<\/p>\n<p>(5) An order under this section may be subject to such exceptions and conditions as the court specifies.<\/p>\n<p>(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.<\/p>\n<p>(7) An application under subsection (1) may be made ex parte, where grounded on an affidavit or information sworn by the applicant.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(10) Where an order under this section is made under subsection (8)\u2014<\/p>\n<p>(a) a note of evidence given by the applicant shall be prepared forthwith\u2014<\/p>\n<p>(i) by the judge,<\/p>\n<p>(ii) by the applicant or by the applicant\u2019s solicitor and approved by the judge, or<\/p>\n<p>(iii) as otherwise directed by the judge,<\/p>\n<p>and<\/p>\n<p>(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.<\/p>\n<p>(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\u2014<\/p>\n<p>(a) to the applicant, and<\/p>\n<p>(b) to such of the persons referred to in paragraphs (d), (e) and (f) of section 35 (1) as the court considers appropriate.<\/p>\n<p>(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 \u201cinterim order\u201d) 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.<\/p>\n<p>(13) An interim order shall cease to have effect on the determination by the court of the application under subsection (1).<\/p>\n<p>(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\u2014<\/p>\n<p>(a) to the applicant,<\/p>\n<p>(b) to the respondent, and<\/p>\n<p>(c) to such of the persons referred to in paragraphs (d), (e) and (f) of section 35 (1) as the court considers appropriate.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<h4>Variation or discharge of order under section 28<\/h4>\n<p>29. (1) An application to the court for the variation or discharge of an order under section 28 may be made by\u2014<\/p>\n<p>(a) the applicant, on notice to the respondent,<\/p>\n<p>(b) the respondent, on notice to the applicant, or<\/p>\n<p>(c) a person referred to in section 28 (1)(b), on notice to the applicant and the respondent.<\/p>\n<p>(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.<\/p>\n<p>(3) The court, on application to it under subsection (1) for the discharge of an order, may\u2014<\/p>\n<p>(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<\/p>\n<p>(b) where it is of the opinion that it is necessary and proportionate to do so, vary the order concerned as it considers appropriate.<\/p>\n<p>(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.<\/p>\n<h4>Renewal of order under section 28<\/h4>\n<p>30. (1) On or before the expiry of an order under section 28 , an applicant or a person referred to in section 28 (1)(b) may apply to the court for a further order under that section.<\/p>\n<p>(2) Subsections (2) to (6) of section 28 shall apply to an application under subsection (1) as they apply to an application under that section.<\/p>\n<h4>Application under section 28, 29 or 30 by member of Garda S\u00edoch\u00e1na<\/h4>\n<p>31. (1) A member of the Garda S\u00edoch\u00e1na may make an application to the court under section 28 , 29 or 30 where he or she becomes aware of an alleged incident or series of incidents of relevant conduct which he or she believes to justify the making of the application.<\/p>\n<p>(2) Before making an application referred to in subsection (1), the member concerned shall, as far as is reasonably practicable, ascertain the views of the applicant concerned as to whether it is appropriate in all the circumstances for the member to make the application concerned.<\/p>\n<h4>Protection against cross-examination by applicant or respondent<\/h4>\n<p>32. (1) Where\u2014<\/p>\n<p>(a) an application is made to a court under section 28 , 29 or 30 ,<\/p>\n<p>(b) a person under the age of 18 years is to give evidence, and<\/p>\n<p>(c) the applicant or respondent proposes to cross-examine the person referred to in paragraph (b) personally,<\/p>\n<p>the court shall direct that the applicant or the respondent, as the case may be, may not personally cross-examine the witness unless the court is of the opinion that the interests of justice require the applicant or respondent to conduct the cross-examination personally.<\/p>\n<p>(2) Where\u2014<\/p>\n<p>(a) an application is made to a court under section 28 , 29 or 30 ,<\/p>\n<p>(b) a person who has attained the age of 18 years, being the applicant for the order or the person connected to the applicant towards whom the relevant conduct to which the application relates is alleged to have been engaged in, is to give evidence, and<\/p>\n<p>(c) the applicant or respondent proposes to cross-examine the person referred to in paragraph (b) personally,<\/p>\n<p>the court may direct that the applicant or the respondent, as the case may be, may not personally cross-examine the witness unless the court is of the opinion that the interests of justice require the applicant or respondent to conduct the cross- examination personally.<\/p>\n<p>(3) Where an applicant or respondent, as the case may be, is prevented from cross-examining a witness by virtue of subsection (1) or (2), the court shall\u2014<\/p>\n<p>(a) invite the applicant or respondent to arrange for a legal representative to act for him or her for the purpose of cross-examining the witness, and<\/p>\n<p>(b) require the applicant or respondent to notify the court, by the end of such period as it may specify, as to whether a legal representative is to act for him or her for that purpose.<\/p>\n<p>(4) If by the end of the period referred to in subsection (3)(b), the applicant or respondent has notified the court that no legal representative is to act for him or her for the purpose of cross-examining the witness or no notification has been received by the court and it appears to the court that no legal representative is to so act, the court shall consider whether it is necessary, in the interests of justice, for the witness to be cross-examined by a legal representative appointed to act for the applicant or respondent for that purpose.<\/p>\n<p>(5) If the court decides under subsection (4) that it is necessary, in the interests of justice, for the witness to be cross-examined by a legal representative appointed to act for the applicant or respondent for that purpose, the court shall appoint a legal representative (chosen by the court) to cross-examine the witness on behalf of the applicant or respondent.<\/p>\n<h4>Requirement to give reasons for certain decisions<\/h4>\n<p>33. Where an application is made to a court under section 28 , 29 or 30 , the court shall give reasons for its decision\u2014<\/p>\n<p>(a) to grant or refuse the application,<\/p>\n<p>(b) if applicable, to make the order applied for subject to exceptions or conditions, or<\/p>\n<p>(c) if applicable, to vary the exceptions or conditions referred to in paragraph (b).<\/p>\n<h4>Taking effect of relevant order<\/h4>\n<p>34. (1) A relevant order shall take effect on notification of the making of the order concerned being given to the respondent.<\/p>\n<p>(2) Oral communication to the respondent by or on behalf of the applicant of the fact that a relevant order has been made, together with production of a copy of the relevant order, shall, without prejudice to the sufficiency of any other form of notification, be taken to be sufficient notification to the respondent of the making of the order.<\/p>\n<p>(3) If the respondent is present at a sitting of the court at which the relevant order is made, that respondent shall be taken for the purposes of subsection (1) to have been notified of its making.<\/p>\n<p>(4) A court may direct that a relevant order be served personally by a member of the Garda S\u00edoch\u00e1na on a respondent who is not present at a sitting of the court at which the order is made in any case where\u2014<\/p>\n<p>(a) there are reasonable grounds for believing that the respondent may evade service of the order, or<\/p>\n<p>(b) there is any other good and sufficient reason to so direct.<\/p>\n<p>(5) In this section, \u201crelevant order\u201d means\u2014<\/p>\n<p>(a) an order under section 28 or 30 , or<\/p>\n<p>(b) an order under section 29 , other than an order discharging an order under section 28 .<\/p>\n<h4>Copies of orders to be given to certain persons<\/h4>\n<p>35. (1) The court, on making, varying or discharging an order under section 28 , shall cause a copy of its order under section 28 , 29 or 30 , as the case may be, to be given or sent as soon as practicable\u2014<\/p>\n<p>(a) to the applicant,<\/p>\n<p>(b) to the respondent,<\/p>\n<p>(c) where an application has been made by a member of the Garda S\u00edoch\u00e1na acting in accordance with section 31 , to that member,<\/p>\n<p>(d) to the member of the Garda S\u00edoch\u00e1na in charge of the Garda S\u00edoch\u00e1na station for the area in which the person, for whose benefit the order is made, resides,<\/p>\n<p>(e) where the order in question is a variation or discharge of an order and the person for whose benefit the order was made had previously resided elsewhere, to the member of the Garda S\u00edoch\u00e1na in charge of the Garda S\u00edoch\u00e1na station for the area in which that person had so resided, but only if that member had previously been sent under this subsection a copy of that order, or any order relating thereto, and<\/p>\n<p>(f) insofar as is reasonably practicable, where the order in question prohibits or restricts the respondent from approaching a specified place, to the member of the Garda S\u00edoch\u00e1na in charge of the Garda S\u00edoch\u00e1na station for the area in which the specified place is situated.<\/p>\n<p>(2) The validity of an order to which this section relates shall not be affected by non-compliance with subsection (1).<\/p>\n<h4>Exercise of jurisdiction by court in civil proceedings<\/h4>\n<p>36. (1) The jurisdiction of the court in respect of proceedings under this Part may be exercised\u2014<\/p>\n<p>(a) as regards the Circuit Court, by the judge of the Circuit Court within whose circuit either the applicant or respondent resides, and<\/p>\n<p>(b) as regards the District Court, by a judge of the District Court for the time being assigned to the district court district within which either the applicant or respondent resides.<\/p>\n<p>(2) For the purposes of subsection (1), a person concerned who would, but for the conduct of the respondent, be residing at a place may be treated by the court as residing at that place.<\/p>\n<h4>Hearing of proceedings<\/h4>\n<p>37. (1) Subject to section 40 of the Civil Liability and Courts Act 2004 and section 40 , an application under section 28 , 29 or 30 shall be heard otherwise than in public.<\/p>\n<p>(2) Proceedings under this Part shall be as informal as is practicable and consistent with the administration of justice.<\/p>\n<p>(3) Judges hearing and determining proceedings under this Part, and barristers and solicitors appearing in those proceedings, shall not wear wigs or gowns.<\/p>\n<h4>Special sitting of District Court<\/h4>\n<p>38. (1) A member of the Garda S\u00edoch\u00e1na not below the rank of sergeant may request the Courts Service to arrange a special sitting of the District Court for the purposes of the making of an application under this Part\u2014<\/p>\n<p>(a) where a person has informed the member that he or she wishes to make an application under section 28 , 29 or 30 , and<\/p>\n<p>(b) at the time the person so informs the member, there is no District Court sitting in the district court district in which that person would make such an application if that court was sitting.<\/p>\n<p>(2) The Courts Service may, with the consent of a judge of the District Court exercising jurisdiction in accordance with section 36 , arrange such special sittings of the District Court in the district court district referred to in subsection (1)(b) as may be necessary for the purposes specified in that subsection.<\/p>\n<p>(3) In this section, \u201cspecial sitting\u201d means a sitting of the District Court at a place and time not standing appointed for the time being under section 26 of the Courts of Justice Act 1953 or section 40 or 42 of the Courts (Supplemental Provisions) Act 1961 for the transaction of the business of the District Court.<\/p>\n<h4>Evidence through television link for civil proceedings<\/h4>\n<p>39. (1) In proceedings under this Part, a person (other than the respondent) may give evidence through a live television link\u2014<\/p>\n<p>(a) where that person has not attained the age of 18 years, unless the court sees good reason to the contrary,<\/p>\n<p>(b) in any other case, with the leave of the court.<\/p>\n<p>(2) Evidence given under subsection (1) shall be video-recorded or audio-recorded.<\/p>\n<p>(3) Where live television link facilities are not in operation in a circuit court or district court district, and in the opinion of the court concerned it is desirable that evidence in proceedings under this Part be given through a live television link, the court may by order transfer the proceedings to a circuit or district court district in relation to which those facilities are in operation.<\/p>\n<p>(4) Where a court transfers proceedings under subsection (3), the jurisdiction of the court to which the proceedings have been transferred may be exercised\u2014<\/p>\n<p>(a) in the case of the Circuit Court, by the judge of the circuit concerned, and<\/p>\n<p>(b) in the case of the District Court, by the judge of that court for the time being assigned to the district court district concerned.<\/p>\n<p>(5) In this section, \u201cvideo-recorded\u201d means a recording on any medium from which a moving image may, by any means, be produced and includes the accompanying soundtrack (if any).<\/p>\n<h4>Right to be accompanied in court in certain circumstances<\/h4>\n<p>40. (1) Subject to subsection (2), an applicant may, in addition to being accompanied by his or her legal representative (if any), be accompanied in court by an individual of his or her choice.<\/p>\n<p>(2) The court may refuse to allow an applicant to be accompanied in court by a particular individual at any stage in the proceedings which relate to the applicant if the court considers that it would not be in the interests of justice for the individual concerned to accompany, or continue to accompany, the applicant and where the court so refuses it shall give reasons for such refusal.<\/p>\n<h4>Costs<\/h4>\n<p>41. The costs of proceedings under this Part shall be at the discretion of the court.<\/p>\n<h4>Rules of court and service of documents<\/h4>\n<p>42. (1) For the purpose of ensuring the expeditious hearing of applications under this Part, rules of court may make provision for the service of documents otherwise than under section 7 of the Courts Act 1964 in circumstances to which that section relates.<\/p>\n<p>(2) This section is without prejudice to section 24 of the Interpretation Act 2005 .<\/p>\n<h4>Extraterritoriality<\/h4>\n<p>43. (1) An order under section 28 , 29 or 30 may be made against a respondent who\u2014<\/p>\n<p>(a) resides or is present in the State, or<\/p>\n<p>(b) intends to come to the State.<\/p>\n<p>(2) An order under section 28 , 29 or 30 may be made for the benefit of an applicant who\u2014<\/p>\n<p>(a) resides or is present in the State, or<\/p>\n<p>(b) where subsection (1)(a) applies, does not reside or is not present in the State.<\/p>\n<p>(3) In determining whether to make an order under section 28 , 29 or 30 , the Court may take into account conduct that occurred\u2014<\/p>\n<p>(a) inside or outside the State, and<\/p>\n<p>(b) before or after the coming into operation of this Part.<\/p>\n<h4>Offence<\/h4>\n<p>44. (1) A person who contravenes an order made against him or her under section 28 , commits an offence and shall be liable on summary conviction to a class B fine or to imprisonment for a term not exceeding 12 months.<\/p>\n<p>(2) Subsection (1) is without prejudice to the law relating to contempt of court or any other liability, whether civil or criminal, that may be incurred by the person concerned.<\/p>\n<h4>Arrest without warrant<\/h4>\n<p>45. (1) Where a member of the Garda S\u00edoch\u00e1na has reasonable cause for believing that an offence is being or has been committed under section 44 (1), the member may, on complaint being made to him or her by or on behalf of the person who was the applicant under section 28 , 29 or 30 , as the case may be, for the order concerned, arrest the respondent concerned without warrant.<\/p>\n<p>(2) For the purpose of arresting a respondent under subsection (1), a member of the Garda S\u00edoch\u00e1na may enter, if need be by force, and search a place where the member, with reasonable cause, suspects the respondent to be.<\/p>\n<h4>Prohibition on publication or broadcast of certain material relating to offence under section 44<\/h4>\n<p>46. (1) Subject to this section, where a person is charged with an offence under section 44 , a person (other than the relevant person) who publishes or broadcasts identifying material commits an offence.<\/p>\n<p>(2) Subsection (1) shall not apply where the relevant person consents in court to being identified or to the person charged with the offence being identified, or both.<\/p>\n<p>(3) The court in which proceedings for the offence are brought may, where satisfied that it is in the interests of justice to do so, direct that such information, photograph, depiction or other representation to which subsection (1) applies as the court may specify may be published or broadcast in such manner, and subject to such conditions, as may be specified in the direction.<\/p>\n<p>(4) Before giving a direction under subsection (3), the court shall take into account\u2014<\/p>\n<p>(a) the views of the relevant person, and<\/p>\n<p>(b) the nature or circumstances of the case, and in particular the effect of the publication or broadcast concerned on the relevant person.<\/p>\n<p>(5) A direction given under subsection (3) shall be in writing.<\/p>\n<p>(6) A person who contravenes the terms of a direction given under subsection (3) commits an offence.<\/p>\n<p>(7) A person who commits an offence under subsection (1) or (6) is liable\u2014<\/p>\n<p>(a) on summary conviction to a class B fine or to imprisonment for a term not exceeding 12 months, or both, or<\/p>\n<p>(b) on conviction on indictment to a fine or to imprisonment for a term not exceeding three years, or both.<\/p>\n<p>(8) It shall be a defence for a person who is charged with an offence under subsection (1) or (6) to prove that at the time of the alleged offence the person was not aware, and neither suspected nor had reason to suspect\u2014<\/p>\n<p>(a) in the case of an offence under subsection (1), that the information, photograph, depiction or other representation published or broadcast was identifying material, or<\/p>\n<p>(b) in the case of an offence under subsection (6), that the information, photograph, depiction or other representation was published or broadcast in contravention of the terms of a direction given under subsection (3).<\/p>\n<p>(9) This section is without prejudice to any other enactment or rule of law that operates to prohibit the publication or broadcast of identifying material.<\/p>\n<p>(10) In this section\u2014<\/p>\n<p>\u201cbroadcast\u201d has the same meaning as it has in the Broadcasting and Other Media Regulation Acts 2009 and 2022;<\/p>\n<p>\u201cidentifying material\u201d, in relation to an offence under section 44 , means\u2014<\/p>\n<p>(a) information, or<\/p>\n<p>(b) a photograph, depiction or other representation of the physical likeness of the relevant person or of the person charged with the offence,<\/p>\n<p>that is likely to enable the identification of the relevant person or of the person charged with the offence;<\/p>\n<p>\u201cpublish\u201d means publish, other than by way of broadcast, to the public or a portion of the public;<\/p>\n<p>\u201crelevant person\u201d, in relation to an offence under section 44 , means the applicant for whose benefit the order concerned was made.<\/p>\n<p>Saver (Part 5)<\/p>\n<p>47. The operation of this Part is without prejudice to the powers of the court under section 10 (4) of the Non-Fatal Offences against the Person Act 1997 , or section 46 of the Criminal Law (Sexual Offences) Act 2017 .<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-1562\" data-postid=\"1562\" class=\"themify_builder_content themify_builder_content-1562 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>General The Criminal Justice Act 2006 provides for antisocial behaviour orders.\u00a0 This is separate from the Children Act which makes similar provisions for behaviour orders in relation to children. A person behaves in an antisocial manner if he causes or in the circumstances is likely to cause to one or more persons who are not [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[362],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/1562"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=1562"}],"version-history":[{"count":11,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/1562\/revisions"}],"predecessor-version":[{"id":33826,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/1562\/revisions\/33826"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=1562"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=1562"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=1562"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}