Criminal Justice (Psychoactive Substances) Act 2010
|
Variation of prohibition orders. |
9.— (1) Where the District Court makes a prohibition order under section 8 — | |
(a) prohibiting a person from engaging in or continuing to engage in specified activities at a specified place, and | ||
(b) the place specified in the order is not owned by the person who is the subject of the prohibition order, | ||
the court, on application to it in that behalf by the owner of the place concerned, at any time after the making of a prohibition order may, if it considers it appropriate to do so, vary the order. | ||
(2) In determining whether to vary a prohibition order, the court shall have regard to whether there would be a serious risk of injustice if the order were not so varied. | ||
(3) An application under subsection (1) shall be made on notice to— | ||
(a) the person who is the subject of the prohibition order, unless it is not reasonably practicable to ascertain the whereabouts of the person, and | ||
(b) a member of the Garda Síochána not below the rank of superintendent in the Garda Síochána district in which the person who is subject to the prohibition order resides. | ||
(4) An appeal shall lie to the Circuit Court from a refusal to vary a prohibition order. |