Chief Constable of the Police Service of Northern Ireland v McNicholl (John)
| Jurisdiction | Northern Ireland |
| Neutral Citation | [2018] NIMag 1 |
| Date | 26 November 2018 |
| Court | Magistrates' Court (Northern Ireland) |
Neutral Citation No: [2018] NIMag 1
Judgment: approved by the Court for handing down
(subject to editorial corrections)*
Ref: 2018NIMAG1
Delivered: 26/11/18
IN THE MAGISTRATES’ COURT
CHIEF CONSTABLE
POLICE SERVICE OF NORTHERN IRELAND
Complainant
and
JOHN McNICHOLL
Defendant
District Judge (MC) McNally
[1] The Complainant has, by summons, made application to the Court for a Violent
Offences Prevention Order (‘VOPO’) in respect of the Defendant under section 55 of
the Justice Act (Northern Ireland) 2015. An interim order was made by the Court on
17th August 2018. The application came before me for hearing on 29th October 2018
and was opposed by the Defendant.
[2] By way of background, Part 8 of the Justice Act (Northern Ireland) 2015 (sections
55 to 76) provided for the making of VOPOs and commenced on 1st December
2016.Section 55 of the Act defines a VOPO as an order of the court which provides
prohibitions or requirements which the Court considers as necessary for the
purposes of “protecting the public from the risk of serious violent harm“ caused by
the offender. It provides that the Order can be made for a period of two to five
years, unless it is renewed or discharged, with the duration term specified in the
order. ‘Protecting the public from the risk of serious violent harm’ is defined as
“protecting the public; or any particular members of the public, from the current risk
of serious physical or psychological harm caused by the offender committing one or
more specified offences”.
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