Part 4 E+WInjunctions: gang-related violence [F1 and drug-dealing activity]

Textual Amendments

F1 Words in Pt. 4 heading inserted (1.6.2015) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 4 para. 83; S.I. 2015/820, reg. 3(q)(ix)

Power to grant injunctions E+W

[F2 34 Injunctions to prevent gang-related violence and drug-dealing activity E+W

(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.

[F3 (7) In this Part “ drug-dealing activity ” means—

(a) the unlawful production, supply, importation or exportation of a controlled drug, or

(b) the unlawful production, supply, importation or exportation of a psychoactive substance.

(8) In subsection (7)—

(a) in paragraph (a), “production”, “supply” and “controlled drug” have the meaning given by section 37(1) of the Misuse of Drugs Act 1971;

(b) in paragraph (b), “production”, “supply” and “psychoactive substance” have the meaning given by section 59 of the Psychoactive Substances Act 2016.]]

Textual Amendments

F2 S. 34 substituted (1.6.2015) by Serious Crime Act 2015 (c. 9) , ss. 51 , 88(1) ; S.I. 2015/820 , reg. 3(n)

F3 S. 34(7) (8) substituted for s. 34(7) (26.5.2016) by Psychoactive Substances Act 2016 (c. 2) , s. 63(2) , Sch. 5 para. 10 ; S.I. 2016/553 , reg. 2

Commencement Information

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