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Policing and Crime Act 2009

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Changes over time for: Cross Heading: Contents of injunctions

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Contents of injunctionsE+W

35Contents of injunctionsE+W

(1)This section applies in relation to an injunction under section 34.

(2)The prohibitions included in the injunction may, in particular, have the effect of prohibiting the respondent from—

(a)being in a particular place;

(b)being with particular persons in a particular place;

(c)being in charge of a particular species of animal in a particular place;

(d)wearing particular descriptions of articles of clothing in a particular place;

(e)using the internet to facilitate or encourage violence [F1or drug-dealing activity].

(3)The requirements included in the injunction may, in particular, have the effect of requiring the respondent to—

(a)notify the person who applied for the injunction of the respondent's address and of any change to that address;

(b)be at a particular place between particular times on particular days;

(c)present himself or herself to a particular person at a place where he or she is required to be between particular times on particular days;

(d)participate in particular activities between particular times on particular days.

(4)A requirement of the kind mentioned in subsection (3)(b) may not be such as to require the respondent to be at a particular place for more than 8 hours in any day.

(5)The prohibitions and requirements included in the injunction must, so far as practicable, be such as to avoid—

(a)any conflict with the respondent's religious beliefs, and

(b)any interference with the times, if any, at which the respondent normally works or attends any educational establishment.

(6)Nothing in subsection (2) or (3) affects the generality of section 34(4).

(7)In subsection (2) “place” includes an area.

Textual Amendments

Commencement Information

I1S. 35 in force at 31.1.2011 by S.I. 2010/2988, art. 2

36Contents of injunctions: supplementalE+W

(1)This section applies in relation to an injunction under section 34.

(2)The injunction may not include a prohibition or requirement that has effect after the end of the period of 2 years beginning with the day on which the injunction is granted (“the injunction date”).

(3)The court may order the applicant and the respondent to attend one or more review hearings on a specified date or dates.

(4)If any prohibition or requirement in the injunction is to have effect after the end of the period of 1 year beginning with the injunction date, the court must order the applicant and the respondent to attend a review hearing on a specified date within the last 4 weeks of the 1 year period (whether or not the court orders them to attend any other review hearings).

[F2(4A)Where—

(a)the respondent is under the age of 18 on the injunction date, and

(b)any prohibition or requirement in the injunction is to have effect after the respondent reaches that age and for at least the period of four weeks beginning with the respondent's 18th birthday,

the court must order the applicant and the respondent to attend a review hearing on a specified date within that period.]

(5)A review hearing is a hearing held for the purpose of considering whether the injunction should be varied or discharged.

(6)The court may attach a power of arrest in relation to—

(a)any prohibition in the injunction, or

(b)any requirement in the injunction, other than one which has the effect of requiring the respondent to participate in particular activities.

(7)If the court attaches a power of arrest, it may specify that the power is to have effect for a shorter period than the prohibition or requirement to which it relates.

Textual Amendments

Commencement Information

I2S. 36 in force at 31.1.2011 by S.I. 2010/2988, art. 2

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