Part 4Injunctions: gang-related violence

Arrest and remand

43Arrest without warrant

1

This section applies if a power of arrest is attached to a provision of an injunction under this Part.

2

A constable may arrest without warrant a person whom the constable has reasonable cause to suspect to be in breach of the provision.

3

If a constable arrests a person under subsection (2), the constable must inform the person who applied for the injunction.

4

A person arrested under subsection (2) must be brought before a relevant judge within the period of 24 hours beginning with the time of the arrest.

5

If the matter is not disposed of when the person is brought before the judge, the judge may remand the person.

6

In calculating when the period of 24 hours mentioned in subsection (4) ends, Christmas Day, Good Friday and any Sunday are to be disregarded.

7

In this Part “relevant judge”, in relation to an injunction, means—

a

where the injunction was granted by the High Court, a judge of that court;

b

where the injunction was granted by a county court, a judge or district judge of that or any other county court.