43Restraint order

### 43 Restraint order > > (1)  On the application of the Secretary for a care and protection order, the Court may make in addition to or instead of making the care and protection order – > > > > > > (a) a restraint order against a person under [Part XA of the](/view/html/inforce/2026-04-12/act-1959-077#HPXA@EN) [Justices Act 1959](/view/html/inforce/2026-04-12/act-1959-077) if the Court is satisfied that the person has been served with a copy of the application; or > > > > > > > (b) an interim restraint order against a person under [Part XA of the](/view/html/inforce/2026-04-12/act-1959-077#HPXA@EN) [Justices Act 1959](/view/html/inforce/2026-04-12/act-1959-077) and such ancillary orders as the Court considers appropriate. > > > (2)  An application for a care and protection order is taken to be an application for a restraint order under [Part XA of the](/view/html/inforce/2026-04-12/act-1959-077#HPXA@EN) [Justices Act 1959](/view/html/inforce/2026-04-12/act-1959-077) made by a person granted leave to apply by the justices – > > > > > > (a) for the purposes of [subsection (1)](#GS43@Gs1@EN) ; and > > > > > > > (b) for the purposes of the application of the [Justices Act 1959](/view/html/inforce/2026-04-12/act-1959-077) in relation to a restraint order or interim restraint order made under that subsection.