(8) A variation on an application by the Public Prosecutor may include an extension of the period during which the OCPO or FRO, or any provision of it, is in force (subject to the original limits imposed on the OCPO or FRO by sections 17 and 22, respectively).
(9) Rules of Court may provide for the manner in which an application under this section may be made in relation to an OCPO or FRO made under section 15(1) or 21(1), respectively.
Discharge of OCPO or FRO
33.—(1) An application for the discharge of an OCPO or FRO may be made by the following persons to the court which first made the OCPO or FRO:
- (a) the Public Prosecutor;
- (b) the person who is the subject of the OCPO or FRO;
- (c) any other person.
(2) Where an application is made under subsection (1) in relation to an OCPO or FRO, the OCPO or FRO continues to have effect despite the application, and only ceases to have effect if the application is allowed by the court which first made the OCPO or FRO.
(3) The court must not entertain an application by the person who is the subject of the OCPO or FRO unless it considers that there has been a material change of circumstances affecting the OCPO or FRO.
(4) The court must not entertain an application by any person falling within subsection (1)(c) unless it considers that—
- (a) the person is adversely affected by the OCPO or FRO significantly; and
- (b) condition A or B as specified in subsection (5) or (6), respectively, is met.
(5) Condition A is that—
- (a) the person, in earlier proceedings in relation to the OCPO or FRO—
- (i) has, on an application under section 28, been given an opportunity to make representations; or
