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Policing and Crime Act 2009

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Changes over time for: Section 34

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Version Superseded: 26/05/2016

Status:

Point in time view as at 01/06/2015. This version of this provision has been superseded. Help about Status

Changes to legislation:

There are currently no known outstanding effects for the Policing and Crime Act 2009, Section 34 . Help about Changes to Legislation

[F1 34 Injunctions to prevent gang-related violence and drug-dealing activityE+W

This section has no associated Explanatory Notes

(1)A court may grant an injunction under this section against a respondent aged 14 or over if the first and second conditions are met.

(2)The first condition is that the court is satisfied on the balance of probabilities that the respondent has engaged in or has encouraged or assisted—

(a)gang-related violence, or

(b)gang-related drug-dealing activity.

(3)The second condition is that the court thinks it is necessary to grant the injunction for either or both of the following purposes—

(a)to prevent the respondent from engaging in, or encouraging or assisting, gang-related violence or gang-related drug-dealing activity;

(b)to protect the respondent from gang-related violence or gang-related drug-dealing activity.

(4)An injunction under this section may (for either or both of those purposes)—

(a)prohibit the respondent from doing anything described in the injunction;

(b)require the respondent to do anything described in the injunction.

(5)For the purposes of this section, something is “gang-related” if it occurs in the course of, or is otherwise related to, the activities of a group that—

(a)consists of at least three people, and

(b)has one or more characteristics that enable its members to be identified by others as a group.

(6) In this section “ violence ” includes a threat of violence.

(7) In this Part “ drug-dealing activity ” means the unlawful production, supply, importation or exportation of a controlled drug.

“Production”, “supply” and “controlled drug” here have the meanings given by section 37(1) of the Misuse of Drugs Act 1971.]

Textual Amendments

F1 S. 34 substituted (1.6.2015) by Serious Crime Act 2015 (c. 9) , ss. 51 , 88(1) ; S.I. 2015/820 , reg. 3(n)

Commencement Information

I1 S. 34 in force at 31.1.2011 by S.I. 2010/2988 , art. 2

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