116. Appeals against a civil order.
Amendments (requiring commencement) by Sch. 1 to the Garda Síochána (Functions and Operational Areas) Act 2022 (No. 7), published 4 May 2022.
(1) A person against whom a civil order has been made may, within 21 days from the date that the order is made, appeal the making of the order to the Circuit Court.
(2) An appellant under subsection (1) shall give notice of the appeal to a senior member of the Garda Síochána in the Garda Síochána district in which the appellant resides.
(3) Notwithstanding the appeal, the civil order shall remain in force unless the court that made the order or the appeal court places a stay on it.
(4) An appeal under this section shall be in the nature of a rehearing of the application under section 115 and, for this purpose, subsections (1), (2) and (5) of that section apply in respect of the matter.
(5) If on appeal under this section, the appeal court makes a civil order, the provisions of section 115(6) to (8) apply in respect of the matter.
(6) Notwithstanding the appeal period described in subsection (1), the Circuit Court may, on application by the person subject to the civil order, extend the appeal period if satisfied that exceptional circumstances exist which warrant the extension.
(7) The standard of proof in proceedings under this section is that applicable to civil proceedings.