PART 1Injunctions

Variation and discharge

8Variation or discharge of injunctions

1

The court may vary or discharge an injunction under section 1 on the application of—

a

the person who applied for the injunction, or

b

the respondent.

2

In subsection (1) “the court” means—

a

the court that granted the injunction, except where paragraph (b) applies;

b

the county court, where the injunction was granted by a youth court but the respondent is aged 18 or over.

3

The power to vary an injunction includes power—

a

to include an additional prohibition or requirement in the injunction, or to extend the period for which a prohibition or requirement has effect;

b

to attach a power of arrest, or to extend the period for which a power of arrest has effect.

4

If an application under this section is dismissed, the party by which the dismissed application was made may make no further application under this section without—

a

the consent of the court, or

b

the agreement of the other party.

5

Section 3 applies to additional requirements included under subsection (3)(a) above as it applies to requirements included in a new injunction.