Section 28: Variation and discharge on application
This section provides the courts with a power to vary or discharge a prohibition order or a premises order. An application to vary or discharge an order may be made by the person who applied for the order (that is, in the case of a prohibition order or a premises order made on application, the relevant law enforcement agency), by the appropriate law enforcement agency (in Scotland, the Lord Advocate or a procurator fiscal) in the case of a prohibition order made on conviction, by the respondent or by any other person significantly adversely affected by the order (subsections (1) and (2)). Generally, any application to vary or discharge a prohibition order or premises order should be made to the court that made the order. There are three exceptions to this. First, where a prohibition order was made following an appeal against a conviction, or after a person was committed or remitted to that court for sentencing, the jurisdiction moves to the court by which the person was convicted (subsection (6)(b). Second, if a person was convicted by a youth court but is no longer under 18 at the time of the sentencing, the jurisdiction moves to a magistrates' court or a court of summary jurisdiction (subsection (6)(c). Second, where the order was made in the youth court in England and Wales or Northern Ireland and the respondent has attained the age of 18 years, the jurisdiction moves to the magistrates' court or court of summary jurisdiction (subsection (7)).
	Subsections (3) to (5) enable an access prohibition included in a prohibition order or a premises order to be extended, or further extended, beyond the initial three month limit, but the overall duration of an access prohibition may not exceed six months. Subject to this limitation, and the three year limitation on a prohibition order made against an individual under the age of 18 (see sections 18(7) and 19(4)), a prohibition order or premises order will have indefinite effect unless discharged.