In force2020 Revised Edition

Contents

Organised Crime Act 2015 · 2020 Revised Edition · Part 5 · General Provisions Relating to Ocpo and Fro

33. Discharge of OCPO or FRO

(1)

An application for the discharge of an OCPO or FRO may be made by the following persons to the court which first made the OCPO or FRO:

(a)

the Public Prosecutor;

(b)

the person who is the subject of the OCPO or FRO;

(c)

any other person.

(2)

Where an application is made under subsection (1) in relation to an OCPO or FRO, the OCPO or FRO continues to have effect despite the application, and only ceases to have effect if the application is allowed by the court which first made the OCPO or FRO.

(3)

The court must not entertain an application by the person who is the subject of the OCPO or FRO unless it considers that there has been a material change of circumstances affecting the OCPO or FRO.

(4)

The court must not entertain an application by any person falling within subsection (1)(c) unless it considers that —

(a)

the person is adversely affected by the OCPO or FRO significantly; and

(b)

condition A or B as specified in subsection (5) or (6), respectively, is met.

(5)

Condition A is that —

(a)

the person, in earlier proceedings in relation to the OCPO or FRO —

(i)

has, on an application under section 28, been given an opportunity to make representations; or

(ii)

has made an application otherwise than under that section in relation to the OCPO or FRO; and

(b)

there has been a material change of circumstances affecting the OCPO or FRO.

(6)

Condition B is that —

(a)

the person has not made an application of any kind in earlier proceedings in relation to the OCPO or FRO; and

(b)

it was reasonable in all the circumstances for the person not to have done so.

(7)

Rules of Court may provide for the manner in which an application under this section may be made in relation to an OCPO or FRO made under section 15(1) or 21(1), respectively.