(1) If a person has been charged with a relevant offence, the Director of Public Prosecutions or a police officer may make an application for an alcohol exclusion order.
(2) An application for an alcohol exclusion order under this section must be filed and served on the accused who is the subject of the application—
(a) in the case of a proceeding listed for a summary hearing in the Magistrates' Court, before the first mention hearing, or later with the leave of the court; or
(b) in the case of a committal proceeding, before the committal mention hearing, or later with the leave of the court; or
(c) in any other case, before the first directions hearing, or later with the leave of the court.
S. 89DD(3) amended by No. 21/2015 s. 3(Sch. 1 item 47.2).
(3) An application for an alcohol exclusion order may be withdrawn by the Director of Public Prosecutions or a police officer at any time before it is determined.
(4) A court may also make an alcohol exclusion order in respect of an offender on the court's own motion if it is satisfied that the circumstances set out in section 89DE(1) apply to the offender.
S. 89DD(5) inserted by No. 55/2014 s. 169(1).
(5) When making an alcohol exclusion order, the Supreme Court may direct that any application for the variation of that order is to be made to the Magistrates' Court for determination.
S. 89DE inserted by No. 15/2014 s. 7.