Policing and Crime Act 2009

Applications

37 Applications for injunctions under section 34

(1) An application for an injunction under section 34 may be made by—

(a) the chief officer of police for a police area,

(b) the chief constable of the British Transport Police Force, or

(c) a local authority.

(2) In this Part “local authority” means—

(a) in relation to England, a district council, a county council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly;

(b) in relation to Wales, a county council or a county borough council.

38 Consultation by applicants for injunctions

(1) Before applying for an injunction under section 37, the applicant must comply with the consultation requirement.

(2) The consultation requirement is that the applicant must consult—

(a) any local authority, and any chief police officer, that the applicant thinks it appropriate to consult, and

(b) any other body or individual that the applicant thinks it appropriate to consult.

39 Applications without notice

(1) An application under section 37 may be made without the respondent being given notice.

(2) In this Part, such an application is referred to as an application without notice.

(3) Section 38(1) does not apply in relation to an application without notice.

(4) If an application without notice is made the court must either—

(a) dismiss the application, or

(b) adjourn the proceedings.

(5) If the court acts under subsection (4)(b), the applicant must comply with the consultation requirement before the date of the first full hearing.

(6) In this section “full hearing” means a hearing of which notice has been given to the applicant and respondent in accordance with rules of court.