Part 4Injunctions: gang-related violence F1and drug-dealing activity

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Amendments (Textual)

Power to grant injunctions

I1 34 F2Injunctions to prevent gang-related violence and drug-dealing activity

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.