C1PART 1Injunctions

Annotations:
Modifications etc. (not altering text)

Injunctions

I11Power to grant injunctions

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).