District Court Rules 2005

Before making an application under section 5 for a PBO, the prosecutor must —

complete a Form 4 in accordance with subrule (2); and

submit the original and 2 copies of the completed Form 4 to a registry; and

after the registry returns those documents bearing the hearing details and the Court’s seal, retain them until the application is made under subrule (3).

An application for a PBO must state the following —

the constraints the applicant wants the Court to specify in the PBO under section 10;

the period of the PBO the applicant wants the Court to specify in the PBO under section 12.

To make an application under section 5 for a PBO, the prosecutor must —

give the original of a sealed Form 4, completed in accordance with this rule, to the judge presiding at the hearing at which the accused person (the respondent) is to be sentenced; and

give a copy of that document to the respondent personally at that hearing.

As soon as practicable after an application made under section 5 is adjourned, a registrar must give the respondent a copy of it in accordance with section 33.

Within 14 days after the date on which an application for a PBO is made, the applicant must file and serve an affidavit in support of the application.

Unless the Court permits otherwise, the supporting affidavit must state the following —

details of the respondent’s convictions of relevant offences on which the applicant relies to allege the respondent is a person described in section 8(2)(a);

if any such conviction is of a relevant offence that is not a prescribed offence, the material facts of the offence;

details of the matters listed in section 9(3)(a), (c), (e) and (f);

any other facts on which the applicant intends to rely in support of the application.

Unless the Court permits otherwise, the supporting affidavit must refer to and have attached to it each of these documents —

the respondent’s criminal record;

any order referred to in section 9(3)(d) that is in force against the respondent;

any order listed in section 10(7) that is in force against the respondent.