(a) a request is made by the prosecution for an order under Article 6; or

(b) the court is minded to make an order under that Article of its own motion.

    (2) If, before determining the request or deciding whether to make the order of its own motion, the court considers that it is just to make an order under this Article pending the determination of the request or before making that decision, it may make such an order.

    (3) An order under this Article is an order which prohibits the offender from doing anything described in the order.

    (4) Subject to Article 6B, an order under this Article—

(a) shall be for a fixed period;

(b) may be varied, renewed or discharged;

(c) shall, if it has not previously ceased to have effect, cease to have effect on the determination of the request or on the court's making a decision as to whether to make an order under Article 6 of its own motion.

    (5) The prohibitions that may be imposed by an order under this Article are those necessary for the purpose of protecting persons in Northern Ireland from further anti-social acts by the offender.

    (6) An appeal shall lie to the county court against the making by a magistrates' court of an order under this Article.

    (7) On such an appeal the county court—

(a) may make such orders as may be necessary to give effect to its determination of the appeal; and

(b) may also make such incidental or consequential orders as appear to it to be just.".

(a) an order under Article 6 is made in the circumstances mentioned in paragraph (3)(a) of that Article; or

(b) an order under Article 6A is made in the circumstances mentioned in paragraph (1)(a) of that Article,

the relevant authority or authorities to be specified in the order shall be such as may be requested by the prosecution.

    (3) Where—

(a) an order under Article 6 is made in the circumstances mentioned in paragraph (3)(b) of that Article; or

(b) an order under Article 6A is made in the circumstances mentioned in paragraph (1)(b) of that Article,

the relevant authority or authorities to be specified in the order shall be such as may be determined by the court.

    (4) Where an order is made under Article 6 or 6A, the prosecution must send a copy of the order to—

(a) the Director of Public Prosecutions (if the Director is not conducting the prosecution);

(a) the Chief Constable; and

(b) any specified authority.

    (5) A person subject to an order under Article 6 or 6A may apply to the court which made it for it to be varied or discharged.

    (6) If he does so, he must send written notice of his application to—

(a) the Chief Constable; and

(b) any specified authority.

    (7) If an application under paragraph (5) is successful, the court must serve notice of the variation or discharge on any specified authority.

    (8) The Chief Constable may apply to the court which made an order under Article 6 or 6A for it to be varied or discharged.

    (9) If the Chief Constable does so, he must send written notice of his application to—

(a) the person subject to the order; and

(b) any specified authority.

    (10) If an application under paragraph (8) is successful, the Chief Constable must serve notice of the variation or discharge on any specified authority.

    (11) A specified authority may apply to the court which made an order under Article 6 or 6A for it to be varied or discharged if it appears to the authority that—

(a) in the case of variation, the protection of relevant persons from anti-social acts by the person subject to the order would be more appropriately effected by a variation of the order;

(b) in the case of discharge, that it is no longer necessary to protect relevant persons from anti-social acts by him by means of such an order.

    (12) If a specified authority does so, it must send written notice of its application to—

(a) the person subject to the order;

(b) the Chief Constable; and

(c) any other specified authority.

    (13) If an application under paragraph (11) is successful, the specified authority which made the application must serve notice of the variation or discharge on—

(a) the Chief Constable; and

(b) any other specified authority.

    (14) The references in paragraphs (5), (8) and (11) to the court by which an order was made—

(a) include, in the case of an order made by a magistrates' court, a reference to any magistrates' court acting for the same county court division as that court; and

(b) shall be treated, in the case of an order made on appeal, as a reference to the court from which the appeal was brought (and not the appellate court).

    (15) No order under Article 6 or 6A shall be discharged on an application under this Article before the end of the period of two years beginning with the day on which the order takes effect, unless—

(a) in the case of an application under paragraph (5), the Chief Constable and any specified authority each consent,

(b) in the case of an application under paragraph (8), any specified authority and the person subject to the order each consent, and

(c) in the case of an application under paragraph (11), the Chief Constable, any other specified authority and the person subject to the order each consent.".

(a) to proceedings on an application for, or relating to the issue whether to make, vary or discharge an anti-social behaviour order; and

(b) to proceedings on an appeal against the making of an anti-social behaviour order.

    (2) Part II of the Criminal Evidence (Northern Ireland) Order 1999 (NI 8) (special measures directions in the case of vulnerable and intimidated witnesses) shall apply in relation to any such proceedings as it applies in relation to criminal proceedings, but with—

(a) the omission of the provisions of that Part mentioned in paragraph (3) (which make provision appropriate only in the context of criminal proceedings), and

(b) any other necessary modifications.

    (3) The provisions are—

(a) Article 5(4),

(b) Article 9(1)(b) and (5) to (7),

(c) Article 10(1)(b) and (2)(b) and (c),

(d) Article 15(10), and

(e) Article 20.

    (4) Any rules of court made under or for the purposes of Part II of that Order shall apply in relation to proceedings to which this Article applies—

(a) to such extent as may be provided by rules of court, and

(b) subject to such modifications as may be so provided.

    (5) Section 47 of the Youth Justice and Criminal Evidence Act 1999 (c.23) (restrictions on reporting special measures directions etc.) applies, with any necessary modifications, in relation to—

(a) a direction under Article 7 of the Criminal Evidence (Northern Ireland) Order 1999, as applied by this Article, or

(b) an order discharging or varying such a direction,

and sections 49 and 51 of that Act (offences) apply accordingly.".

" if—

(a) in the case of an order under Article 3 or 4, the order was made on the application of the council; or

(b) in the case of an order under Article 6 or 6A, the council is a specified authority in relation to the order.".

" if—

(a) in the case of an order under Article 3 or 4, the order was made on the application of the Executive; or

(b) in the case of an order under Article 6 or 6A, the Executive is a specified authority in relation to the order.".

" (k) proceedings under Article 3 or 4 of the Anti-social Behaviour (Northern Ireland) Order 2004;".

" (h) proceedings under Part XIIIA of the Prison and Young Offenders Centre Rules (Northern Ireland) 1995 (No. 8).".

(a) that a civil recovery investigation is taking place; and

(b) that the investigation could be more effectively carried out if the Director were authorised to exercise for the purposes of the investigation the powers conferred by paragraph 3A of Schedule 2,

the judge may authorise the Director to exercise those powers for that purpose.".

" "civil recovery investigation" has the same meaning as it has for the purposes of Part 8 of that Act by virtue of section 341(2) and (3);".

(a) for references to a financial investigator there were substituted references to the Director of the Assets Recovery Agency;

(b) in sub-paragraphs (1) and (1A) for "benefited from his criminal conduct" there were substituted "obtained property through unlawful conduct"; and

(c) in paragraph (1A) for "Part 4" there were substituted "Part 5".

    (5) Where this paragraph applies by virtue of Article 49 (1B), then—

(a) paragraphs 4(2), 5 and 6 apply for the purposes of this paragraph with the modification mentioned in sub-paragraph (4)(a); and

(b) paragraphs 7 and 8 do not apply for those purposes.".

(a) if the child has not attained the age of 17, shall (subject to paragraph (1A)) make an order committing him to a juvenile justice centre; and

(b) if the child has attained the age of 17, shall (subject to paragraph (1B)) make an order committing him to a young offenders centre).".

(a) that person is a person from whom the constable would (in the absence of any incapacity of that person and of any objection under Article 20) be entitled under Article 18 to require the provision of a specimen of blood for a laboratory test;

(b) it appears to that constable that that person has been involved in an accident that constitutes or is comprised in the matter that is under investigation or the circumstances of that matter;

(c) it appears to that constable that that person is or may be incapable (whether or not he has purported to do so) of giving a valid consent to the taking of a specimen of blood; and

(d) it appears to that constable that that person's incapacity is attributable to medical reasons.

    (2) A request under this Article—

(a) shall not be made to a medical practitioner who for the time being has any responsibility (apart from the request) for the clinical care of the person concerned; and

(b) shall not be made to a medical practitioner other than a police medical practitioner unless—


(i) it is not reasonably practicable for the request to be made to a police medical practitioner; or

(ii) it is not reasonably practicable for such a medical practitioner (assuming him to be willing to do so) to take the specimen.

    (3) It shall be lawful for a medical practitioner to whom a request is made under this Article, if he thinks fit—

(a) to take a specimen of blood from the person concerned irrespective of whether that person consents; and

(b) to provide the sample to a constable.

    (4) If a specimen is taken in pursuance of a request under this Article, the specimen shall not be subjected to a laboratory test unless the person from whom it was taken—

(a) has been informed that it was taken; and

(b) has been required by a constable to give his permission for a laboratory test of the specimen; and

(c) has given his permission.

    (5) A constable must, on requiring a person to give his permission for the purposes of this Article for a laboratory test of a specimen, warn that person that a failure to give the permission may render him liable to prosecution.

    (6) A person who, without reasonable excuse, fails to give his permission for a laboratory test of a specimen of blood taken from him under this Article is guilty of an offence.

    (7) In this Article "police medical practitioner" means a medical practitioner who is engaged under any agreement to provide medical services for purposes connected with the activities of the police.".

(a) has been notified of the proposal to take the specimen or to make the requirement; and

(b) has not objected on the ground specified in paragraph (2).

    (2) The ground on which the medical practitioner may object is—

(a) in a case falling within paragraph (1), that the requirement or the provision of the specimen or (if one is required) the warning

required by Article 18(8) would be prejudicial to the proper care and treatment of the patient; and

(b) in a case falling within paragraph (1A), that the taking of the specimen, the requirement or the warning required by Article 18A(5) would be so prejudicial.".

" (e) Article 18A(6) (failing to allow a specimen to be subjected to laboratory test) where that is an offence involving obligatory disqualification;".

" unless—

(a) it was taken from the accused with his consent and either—


(i) in a police station by a medical practitioner or a registered health care professional; or

(ii) elsewhere by a medical practitioner; or



(b) it was taken from the accused by a medical practitioner under Article 18A of the Order of 1995 and the accused subsequently gave his permission for a laboratory test of the specimen.".

(a) the specimen in which the alcohol or drug was found is one of two parts into which the specimen taken from the accused was divided at the time it was taken; and

(b) any request to be supplied with the other part which was made by the accused at the time when he gave his permission for a laboratory test of the specimen was complied with.".

" (c) proceedings for dealing with an individual under Part I or II of the Extradition Act 2003 (c.41);".

" (p) an offence under any of the following provisions of the Sexual Offences Act 2003—


(i) section 66 (exposure);

(ii) section 67 (voyeurism);

(iii) section 69 (intercourse with an animal);

(iv) section 70 (sexual penetration of a corpse);

(v) section 71 (sexual activity in public lavatory).".

(i) the requirements or conditions of the relevant order or licence;

(ii) the length of the period of supervision;

(iii) the discharge, revocation or amendment of the relevant order or the variation or cancellation of the relevant licence;

(iv) any order made by a court in proceedings in which the court finds that there has been a failure by the person subject to supervision to comply with any requirement or condition of the relevant order or licence;

(b) may require that other information relating to persons subject to supervision is to be made available under the scheme, in cases of a description specified by the scheme or in which the Board considers it appropriate.