106BRestraint orders

106B Restraint orders

[Section 106B Substituted by No. 8 of 1988, s. 5 ]

(1)  *[Section 106B Subsection (1) amended by No. 66 of 1995, s. 11 ]*Where on an application made under this section, justices are satisfied on the balance of probabilities –

(a) that –

(i) a person has caused personal injury or damage to property; and

(ii) that person is, unless restrained, likely again to cause personal injury or damage to property; or

(b) that –

(i) a person has threatened to cause personal injury or damage to property; and

(ii) that person is, unless restrained, likely to carry out that threat; or

(c) that –

(i) a person has behaved in a provocative or offensive manner;

(ii) the behaviour is such as is likely to lead to a breach of the peace; and

(iii) that person is, unless restrained, likely again to behave in the same or a similar manner; or

(d) that a person has stalked the person for whose benefit the application is made or a third person the stalking of whom has caused the person for whose benefit the application is made to feel apprehension or fear –

they may make an order imposing such restraints upon that person as are necessary or desirable to prevent the person from acting in a manner specified in this subsection.

(2)  An application for a restraint order may be made –

(a) by a police officer;

(b) by a person against whom, or against whose property, the behaviour that forms the subject-matter of the application was directed, or, where that person is a child, a parent or guardian of that child; or

(ba) [Section 106B Subsection (2) amended by No. 43 of 2006, s. 35, Applied:18 Dec 2006] by the guardian or administrator of a person who is a represented person within the meaning of the ; or