PART 1Injunctions

Breach of injunctions

10Issue of arrest warrant

(1)

If the person who applied for an injunction under section 1 thinks that the respondent is in breach of any of its provisions, the person may apply for the issue of a warrant for the respondent's arrest.

(2)

The application must be made to—

(a)

a judge of the High Court, if the injunction was granted by the High Court;

(b)

a judge of the county court, if—

(i)

the injunction was granted by the county court, or

(ii)

the injunction was granted by a youth court but the respondent is aged 18 or over;

(c)

a justice of the peace, if neither paragraph (a) nor paragraph (b) applies.

(3)

A judge or justice may issue a warrant under this section only if the judge or justice has reasonable grounds for believing that the respondent is in breach of a provision of the injunction.

(4)

A warrant issued by a judge of the High Court must require the respondent to be brought before that court.

(5)

A warrant issued by a judge of the county court must require the respondent to be brought before that court.

(6)

A warrant issued by a justice of the peace must require the respondent to be brought before—

(a)

the youth court that granted the injunction, if the person is aged under 18;

(b)

the county court, if the person is aged 18 or over.

(7)

A constable who arrests a person under a warrant issued under this section must inform the person who applied for the injunction.

(8)

If the respondent is brought before a court by virtue of a warrant under this section but the matter is not disposed of straight away, the court may remand the respondent.