Criminal Justice (Psychoactive Substances) Act 2010


Closure order.

10.— (1) Where a person is convicted of an offence under section 3, 4, 5 or 8(6), the court may, in addition to, or as an alternative to, any other penalty, make an order (in this Act referred to as a “closure order”) prohibiting the person, at the place concerned or at any other place as may be specified in the order, from operating any business or engaging in any specified activities, which may reasonably be considered to be connected with the sale, importation or exportation or advertisement of psychoactive substances for human consumption or, as may be appropriate, the sale or advertisement of an object for use in cultivating by hydroponic means any plant in contravention of section 17 of the Act of 1977.

(2) Without prejudice to the power of the court to have regard to all of the matters that appear to it to be relevant, the court may, in particular, have regard to whether any prohibition order is in force in respect of the person concerned, whether the prohibition order has been complied with and any conduct of the person, or other person employed by that person, in relation to the operation of the place concerned.

(3) A closure order—

(a) shall specify the business, activities, the place and, where appropriate, the psychoactive substance or object to which it relates,

(b) shall specify the grounds upon which the order is made,

(c) shall provide for notice of it to be given to the owner of the place and any other person who appears to be or is affected by it, unless the court is satisfied that it is not reasonably possible to ascertain his, her or their whereabouts,

(d) shall state that it shall come into effect immediately upon service of the order or on such later date as may be specified in the order, and

(e) may contain such terms, conditions and restrictions as the court considers necessary or expedient in the circumstances.

(4) A closure order may be made for such period not exceeding 5 years as the court thinks appropriate and shall remain in force for that period unless—

(a) it is varied or discharged under section 11, or

(b) it is varied or discharged on appeal.

(5) A closure order shall come into effect immediately upon service of the order, or on such later date as may be specified in the order, and the bringing of an appeal against the conviction or closure order shall not affect the operation of the order, unless the court or the Circuit Court, on application to it in that behalf within 7 days from the date of the making of the order, makes an order staying its operation pending the determination of the appeal.

(6) A closure order shall not operate to affect any lawful obligations of any person under any lawful contract or agreement and those obligations shall continue to be determined in accordance with the contract or agreement, as the case may be.

(7) Subject to subsection (1), a closure order shall not operate to prevent a person from carrying out any lawful activities in the place concerned.

(8) A person who fails or refuses to comply with a closure order shall be guilty of an offence.