Order 96D - Harassment Orders under the Criminal Law (Sexual Offences) Act 2017
1. In this Order:
“the Act” means the Criminal Law (Sexual Offences) Act 2017 (No. 2 of 2017);
“applicant” has the same meaning as in section 46(2) of the Act;
“harassment order” has the same meaning as in section 46(1) of the Act;
“respondent” has the same meaning as in section 46(1)(a) of the Act.
2. (1) Where an application for a harassment order pursuant to section 46(1)(a) of the Act is intended to be made following the conviction by the Court of a person for a sexual offence, the intention to make such application may be notified orally to the Court by or on behalf of the applicant at the hearing at which the person is convicted, and the application may be made at the sentencing hearing or at such other sitting of the Court as the Court directs.
(2) Notice of an application for a harassment order in accordance with sub-rule (1) shall be in the Form 96D.1, Schedule C. A copy of the notice of application shall be served upon the respondent not later than seven days before the date fixed for the hearing of the application. The original notice of application shall be lodged with the Clerk not later than two days before the date fixed for the hearing of the application.
3. (1) Where an application for a harassment order pursuant to section 46(1)(b) of the Act is made, notice of the application shall be in the Form 96D.1, Schedule C. A copy of the notice of application shall be served upon the respondent not later than seven days before the date fixed for the hearing of the application. The original notice of application shall be lodged with the Clerk not later than two days before the date fixed for the hearing of the application, together with a certified copy of the order of the court which convicted the person of a sexual offence.
4. A harassment order shall be in the Form 96D.2, Schedule C. The applicant shall cause a copy of any such order to be served on the respondent.
5. An application pursuant to section 46(8) of the Act for an order discharging or varying a harassment order may be made at any sitting of the Court for the court area in which the order was made. Such an application shall be preceded by the issue of a notice of application in the Form 96D.3, Schedule C. A copy of the notice of application (to which shall be attached true copies of the notice of application for a harassment order and of the harassment order) shall be served upon the applicant for the harassment order, where such application is brought by the respondent, or by the respondent, where such application is brought by the applicant for the harassment order, not later than seven days before the date fixed for the hearing of the application, and the original notice of application and attachments shall be lodged with the Clerk not later than two days before the date fixed for the hearing of the application.
6. Where the Court varies the terms of the harassment order, the terms of any such variation may be indorsed upon the original or a copy of the harassment order and re-signed by the Judge.
7. Proceedings for a harassment order shall be heard otherwise than in public in accordance with Order 12 rule 4.
8. Where notice of an appeal against a harassment order made by the Court is duly given, the operation of the order shall, if the Court or the Circuit Court so determines (but not otherwise), be stayed in accordance with the provisions of section 47 of the Act.