Valid from 23/03/2015

PART 1 E+WInjunctions

InjunctionsE+W

1Power to grant injunctionsE+W

(1)A court may grant an injunction under this section against a person aged 10 or over (“the respondent”) if two conditions are met.

(2)The first condition is that the court is satisfied, on the balance of probabilities, that the respondent has engaged or threatens to engage in anti-social behaviour.

(3)The second condition is that the court considers it just and convenient to grant the injunction for the purpose of preventing the respondent from engaging in anti-social behaviour.

(4)An injunction under this section may for the purpose of preventing the respondent from engaging in anti-social behaviour—

(a)prohibit the respondent from doing anything described in the injunction;

(b)require the respondent to do anything described in the injunction.

(5)Prohibitions and requirements in an injunction under this section must, so far as practicable, be such as to avoid—

(a)any interference with the times, if any, at which the respondent normally works or attends school or any other educational establishment;

(b)any conflict with the requirements of any other court order or injunction to which the respondent may be subject.

(6)An injunction under this section must—

(a)specify the period for which it has effect, or

(b)state that it has effect until further order.

In the case of an injunction granted before the respondent has reached the age of 18, a period must be specified and it must be no more than 12 months.

(7)An injunction under this section may specify periods for which particular prohibitions or requirements have effect.

(8)An application for an injunction under this section must be made to—

(a)a youth court, in the case of a respondent aged under 18;

(b)the High Court or the county court, in any other case.

Paragraph (b) is subject to any rules of court made under section 18(2).