Justices (Restraint Orders) Rules 2023

An application under Part XA of the Act is to – specify the order sought; and contain – in the case of an application made by a police officer, a statutory declaration of the police officer that to the best of the officer’s knowledge and belief the information contained in the application is true; or in the case of any other applicant, an affidavit of the applicant stating that to the best of the applicant’s knowledge and belief the information contained in the application is true; and be filed with the clerk.

Subrule (1) does not apply to an application under section 106GA(1) of the Act.

If an application, under section 106B(1) of the Act, for a restraint order is filed after a warrant has been issued under section 106C(1) of the Act in respect of a person to be restrained under the restraint order, the application is to state that the warrant has been issued.