PART 1Injunctions
Contents of injunctions
I13Requirements included in injunctions
1
An injunction under section 1 that includes a requirement must specify the person who is to be responsible for supervising compliance with the requirement.
The person may be an individual or an organisation.
2
Before including a requirement, the court must receive evidence about its suitability and enforceability from—
a
the individual to be specified under subsection (1), if an individual is to be specified;
b
an individual representing the organisation to be specified under subsection (1), if an organisation is to be specified.
3
Before including two or more requirements, the court must consider their compatibility with each other.
4
It is the duty of a person specified under subsection (1)—
a
to make any necessary arrangements in connection with the requirements for which the person has responsibility (the “relevant requirements”);
b
to promote the respondent's compliance with the relevant requirements;
c
if the person considers that the respondent—
i
has complied with all the relevant requirements, or
ii
has failed to comply with a relevant requirement,
to inform the person who applied for the injunction and the appropriate chief officer of police.
5
In subsection (4)(c) “the appropriate chief officer of police” means—
a
the chief officer of police for the police area in which it appears to the person specified under subsection (1) that the respondent lives, or
b
if it appears to that person that the respondent lives in more than one police area, whichever of the relevant chief officers of police that person thinks it most appropriate to inform.
6
A respondent subject to a requirement included in an injunction under section 1 must—
a
keep in touch with the person specified under subsection (1) in relation to that requirement, in accordance with any instructions given by that person from time to time;
b
notify the person of any change of address.
These obligations have effect as requirements of the injunction.
I24Power of arrest
1
A court granting an injunction under section 1 may attach a power of arrest to a prohibition or requirement of the injunction if the court thinks that—
a
the anti-social behaviour in which the respondent has engaged or threatens to engage consists of or includes the use or threatened use of violence against other persons, or
b
there is a significant risk of harm to other persons from the respondent.
“Requirement” here does not include one that has the effect of requiring the respondent to participate in particular activities.
2
If the court attaches a power of arrest, the injunction may specify a period for which the power is to have effect which is shorter than that of the prohibition or requirement to which it relates.