C1PART 1Injunctions
Breach of injunctions
I19Arrest without warrant
1
Where a power of arrest is attached to a provision of an injunction under section 1, a constable may arrest the respondent without warrant if he or she has reasonable cause to suspect that the respondent is in breach of the provision.
2
A constable who arrests a person under subsection (1) must inform the person who applied for the injunction.
3
A person arrested under subsection (1) must, within the period of 24 hours beginning with the time of the arrest, be brought before—
a
a judge of the High Court or a judge of the county 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.
4
In calculating when the period of 24 hours ends, Christmas Day, Good Friday and any Sunday are to be disregarded.
5
The judge before whom a person is brought under subsection (3)(a) or (b) may remand the person if the matter is not disposed of straight away.
6
The justice of the peace before whom a person is brought under subsection (3)(c) must remand the person to appear before the youth court that granted the injunction.
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)