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For this purpose an appeal is “in progress” until it is finally determined or is withdrawn.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