C1PART 1Injunctions
Breach of injunctions
I110Issue 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.
Pt. 1 applied (with modifications) (8.5.2017) by The West Midlands Combined Authority (Functions and Amendment) Order 2017 (S.I. 2017/510), arts. 1(2), 20(3)