PART 1Injunctions

Breach of injunctions

9Arrest 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.