PART 4Community protection

CHAPTER 1Community protection notices

Community protection notices

I146Appeals against notices

1

A person issued with a community protection notice may appeal to a magistrates' court against the notice on any of the following grounds.

1

That the conduct specified in the community protection notice—

a

did not take place,

b

has not had a detrimental effect on the quality of life of those in the locality,

c

has not been of a persistent or continuing nature,

d

is not unreasonable, or

e

is conduct that the person cannot reasonably be expected to control or affect.

2

That any of the requirements in the notice, or any of the periods within which or times by which they are to be complied with, are unreasonable.

3

That there is a material defect or error in, or in connection with, the notice.

4

That the notice was issued to the wrong person.

2

An appeal must be made within the period of 21 days beginning with the day on which the person is issued with the notice.

3

While an appeal against a community protection notice is in progress—

a

a requirement imposed by the notice to stop doing specified things remains in effect, unless the court orders otherwise, but

b

any other requirement imposed by the notice is of no effect.

For this purpose an appeal is “in progress” until it is finally determined or is withdrawn.

4

A magistrates' court hearing an appeal against a community protection notice must—

a

quash the notice,

b

modify the notice (for example by extending a period specified in it), or

c

dismiss the appeal.