Cross-border Justice Act 2008

This section applies to a person against whom an order made by a prescribed court of a participating jurisdiction is in force.

Subsections (3) and (4) apply if the person —

is suspected of having breached the order; or

is alleged to have breached the order; or

has been found to have breached the order.

The person has a connection with a cross‑border region if —

the breach is suspected of having occurred, or is alleged or was found to have occurred, in the region; or

at the time of the person’s arrest for the breach —

the person is or was in the region; or

the person ordinarily resides or resided in the region;

at the time at which the breach is suspected of having occurred, or is alleged or was found to have occurred, the person ordinarily resides or resided in the region; or

at the time at which the order or a previous amendment or variation of the order was made, the person ordinarily resided in the region; or

the order or a previous amendment or variation of the order was made in, or another breach of the order has been the subject of, another proceeding of the court that was a cross‑border proceeding for the purposes of which the person had a connection with the region.

For the purposes of a proceeding of the court in respect of the breach, the person also has a connection with a cross‑border region if —

at the time at which the proceeding is heard, the person ordinarily resides in the region; or

the proceeding is heard with another proceeding of the court that is a cross‑border proceeding for the purposes of which the person has a connection with the region.

The person has a connection with a cross‑border region for the purposes of a proceeding of the court for the amendment, variation or revocation of the order if —

at the time at which the order or a previous amendment or variation of the order was made, the person ordinarily resided in the region; or

the order or a previous amendment or variation of the order was made in, or any breach of the order has been the subject of, another proceeding of the court that was a cross‑border proceeding for the purposes of which the person had a connection with the region; or

at the time at which the proceeding is heard, the person ordinarily resides in the region; or

the proceeding is heard with another proceeding of the court that is a cross‑border proceeding for the purposes of which the person has a connection with the region.