Crime and Disorder Act 1998

[F1 1B Orders in county court proceedings E+W

(1) This section applies to any proceedings in a county court (“the principal proceedings”).

(2) If a relevant authority—

(a) is a party to the principal proceedings, and

(b) considers that a party to those proceedings is a person in relation to whom it would be reasonable for it to make an application under section 1,

it may make an application in those proceedings for an order under subsection (4).

(3) If a relevant authority—

(a) is not a party to the principal proceedings, and

(b) considers that a party to those proceedings is a person in relation to whom it would be reasonable for it to make an application under section 1,

it may make an application to be joined to those proceedings to enable it to apply for an order under subsection (4) and, if it is so joined, may apply for such an order.

[F2 (3A) Subsection (3B) applies if a relevant authority is a party to the principal proceedings and considers—

(a) that a person who is not a party to the proceedings has acted in an anti-social manner, and

(b) that the person’s anti-social acts are material in relation to the principal proceedings.

(3B) The relevant authority may—

(a) make an application for the person mentioned in subsection (3A)(a) to be joined to the principal proceedings to enable an order under subsection (4) to be made in relation to that person;

(b) if that person is so joined, apply for an order under subsection (4).

(3C) But a person must not be joined to proceedings in pursuance of subsection (3B) unless his anti-social acts are material in relation to the principal proceedings.]

(4) If, on an application for an order under this subsection, it is proved that the conditions mentioned in section 1(1) are fulfilled as respects that other party, the court may make an order which prohibits him from doing anything described in the order.

(5) Subject to subsection (6), the [F3 person] against whom an order under this section has been made and the relevant authority on whose application that order was made may apply to the county court which made an order under this section for it to be varied or discharged by a further order.

(6) Except with the consent of the relevant authority and the person subject to the order, no order under this section shall be discharged before the end of the period of two years beginning with the date of service of the order.

(7) Subsections (5) to (7) and (10) to (12) of section 1 apply for the purposes of the making and effect of orders made under this section as they apply for the purposes of the making and effect of anti-social behaviour orders.

[F4 (8) Sections 1AA and 1AB apply in relation to orders under this section, with any necessary modifications, as they apply in relation to anti-social behaviour orders.

(9) In their application by virtue of subsection (8), sections 1AA(1A)(b) and 1AB(6) have effect as if the words “by complaint” were omitted.]]

Textual Amendments

F1 S. 1B inserted (1.4.2003) by Police Reform Act 2002 (c. 30), ss. 63, 108(2); S.I. 2003/808, art. 2(f)

F2 S. 1B(3A)-(3C) inserted (31.3.2004 for specified purposes, 1.10.2004 (temp. to 30.9.2006) for further specified purposes, otherwise prosp.) by Anti-social Behaviour Act 2003 (c. 38), ss. 85(5), 93(1); S.I. 2004/690, art. 2(b)(ii); S.I. 2004/2168, art. 4 (as amended by S.I. 2006/835, art. 2)

F3 Words in s. 1B(5) substituted (31.3.2004 for specified purposes, otherwise 30.9.2004) by Anti-social Behaviour Act 2003 (c. 38), s. 85(6), 93(1) ; S.I. 2004/690, art. 2(b)(ii); S.I. 2004/2168, art. 2(a)(i)

F4 S. 1B(8)(9) inserted (1.2.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 124(6), 153(7) (with Sch. 27 para. 34); S.I. 2009/140, art. 2(c)