Restriction on movement orders

Introduction

If you are convicted of certain minor offences, the courts can restrict your movements instead of sending you to prison.

These restrictions are known as restriction on movement orders under Section 101 of the Criminal Justice Act 2006.

A restriction on movement order can only be applied if you:

  • Are aged 18 years or over, and
  • Have been convicted by the court and could be sentenced to a term of imprisonment of 3 months or more.

The court cannot impose a restriction on movement order for a period longer than 6 months.

How does a restriction on movement order work?

The order can restrict your movements as the court considers appropriate and may include a curfew element.

Staying in a particular place

If you are under a curfew, you must be in a particular place for a particular period. For example, you may have to be at your home between the hours of 8pm and 8am.

An order cannot require you to remain in a place or places for more than 12 hours in a day.

Staying away from a particular place

Similarly, the order can forbid you from being in a particular place for a particular period. For example, you may have to stay away from a certain named street or premises between 8pm and 8am.

Before making a restriction order, the court must explain to you:

  • What the order means
  • What may happen if you do not comply with the restriction order
  • That the court can vary the order if an application is made

The court arranges for a copy of the restriction on movement order to be sent to the Garda station for the area where the offender lives.

Changing a restriction order after it's made

Yes. A court may vary an order on the written application of the following people:

  • The offender
  • The owner of the premises specified in the order
  • An adult normally living at the premises specified in the order
  • A member of the Garda Síochána

The court may vary the order by changing the:

  • Location to another place, or
  • Length of time for the order will last (for example changing the order from 3 months to 6 months)
  • Times specified in the order (for example, changing it from 8pm to 8am to 10pm to 8am).

Can I have more than one restriction on movement order placed on me?

Yes, you can. However, if more than one restriction order is running, the period of time that you must stay at a place or places cannot be more than 6 months.

Where restriction orders are imposed for two or more offences, they may be:

  • Concurrent – meaning they run at the same time, or
  • Consecutive – meaning the second order will only begin when the first order finishes.

What happens if I fail to obey a restriction order?

Because the Gardaí in your area get a copy of your order from the court, they can monitor your compliance with it.

If the Gardai believe that you breached the order, they can go back to the court and let the court know. If the court considers that you have breached the order the court can do any of the following:

  • Direct you to comply with the order
  • Cancel the order and impose another restriction on movement order on you
  • Cancel the order and deal with your case in any other way it could have been dealt with before the order was made

So, if you fail to obey the restriction of movement order, the court can impose the punishment it would have done if it didn’t make the restriction of movement order, including sending you to prison.

What offences can result in a restriction of movement order?

Further information

Courts Service

15-24 Phoenix Street North
Smithfield
Dublin 7
D07 F95Y
Ireland

Tel: +353 (0)1 888 6000

Garda Síochána

Phoenix Park
Dublin 8
D08 HN3X
Ireland

Tel: 01 6660000; Garda Confidential: 1800 666 111
Page edited: 12 June 2024