SCHEDULES

SCHEDULE 5Foreign travel restriction orders

Application for foreign travel restriction order

I13

1

In England and Wales an application for a foreign travel restriction order in respect of a person may only be made by a chief officer of police.

2

An application may only be made if—

a

the person resides in the chief officer's police area, or

b

the chief officer believes that the person is in, or is intending to come to, that area.

3

The application must be made by complaint to a magistrates' court whose commission area includes any part of the chief officer's police area.

I24

1

In Scotland an application for a foreign travel restriction order in respect of a person may only be made by F1the chief constable of the Police Service of Scotland .

2

An application may only be made if—

a

the person resides in F2Scotland , or

b

the chief constable believes that the person is in, or is intending to come to, F3Scotland .

3

The application must be made by summary application F4....

4

A record of evidence is to be kept on any such summary application.

5

Where the sheriff makes a foreign travel restriction order, the clerk of the court must give a copy of the order to the respondent or send a copy to the respondent by registered post or the recorded delivery service.

6

An acknowledgement or certificate of delivery issued by the Post Office is sufficient evidence of the delivery of the copy on the day specified in the acknowledgement or certificate.

I35

1

In Northern Ireland an application for a foreign travel restriction order in respect of a person may only be made by the Chief Constable of the Police Service of Northern Ireland.

2

An application may only be made if—

a

the person resides in Northern Ireland, or

b

the Chief Constable believes that the person is in, or is intending to come to, Northern Ireland.

3

The application must be made by complaint under Part 8 of the Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)) to a court of summary jurisdiction.