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[F1PART 65E+WPROCEEDINGS RELATING TO ANTI-SOCIAL BEHAVIOUR AND HARASSMENT

Textual Amendments

[F2SECTION VIIIE+WInjunctions under the Policing and Crime Act 2009 [F3and under Part 1 of the Anti-social Behaviour, Crime and Policing Act 2014]

Textual Amendments

Scope of this Section and interpretationE+W

65.42.—(1) This Section applies to applications for an injunction and other related proceedings under Part 4 of the Policing and Crime Act 2009 (Injunctions: gang-related violence) [F4and under Part 1 of the Anti-social Behaviour, Crime and Policing Act 2014 (Injunctions)].

[F5(2) In this Section—

(a)“the 2009 Act” means the Policing and Crime Act 2009”; and

(b)“the 2014 Act” means the Anti-Social Behaviour, Crime and Policing Act 2014.]

Textual Amendments

Applications for an injunctionE+W

65.43.—(1) An application for an injunction under Part 4 of the 2009 Act [F6or Part 1 of the 2014 Act] is subject to the Part 8 procedure as modified by this rule and Practice Direction 65.

(2) The application F7...—

(a)[F8must be] made by a claim form in accordance with Practice Direction 65;

[F9(b)may be made at any County Court hearing centre; F10...]

(c)[F11must be] supported by a witness statement which must be filed with the claim form [F12; and]

[F13(d)must include a statement that the respondent is entitled to a reasonable opportunity to obtain legal representation and to apply for legal aid which may be available without any means test.]

[F14(2A) If the application—

(a)is on notice; and

(b)is made at a County Court hearing centre which does not serve the address where—

(i)the defendant resides or carries on business; or

(ii)the claimant resides or carries on business,

the application will be issued by the County Court hearing centre where the application is made and sent to the hearing centre serving the address at (b)(i) or (ii), as appropriate.

(Practice Direction 65 makes further provision in respect of applications which are not made at the County Court hearing centre which serves the address where the defendant resides or the conduct complained of occurred.)]

(3) The claim form must state—

(a)the matters required by rule 8.2; and

(b)the terms of the injunction applied for.

(4) An application under this rule may be made without notice and where such an application without notice is made—

[F15(a1)the application may—

(i)be made at any County Court hearing centre;

(ii)be heard at the hearing centre where the application is made; and

(iii)at any stage of the proceedings, be transferred by the court to—

(aa)the hearing centre which serves the address where the defendant resides or where the conduct complained of occurred; or

(bb)another hearing centre as the court considers appropriate;]

(a)the witness statement in support of the application must state the reasons why notice has not been given; and

(b)the following rules do not apply—

(i)8.3;

(ii)8.4;

(iii)8.5(2) to (6);

(iv)8.6(1);

(v)8.7; and

(vi)8.8.

(5) In every application made on notice, the application notice must be served, together with a copy of the witness statement, by the claimant on the defendant personally.

(6) An application made on notice may be listed for hearing before the expiry of the time for the defendant to file an [F16acknowledgment] of service under rule 8.3, and in such a case—

(a)the claimant must serve the application notice and witness statement on the defendant not less than 2 days before the hearing; and

(b)the defendant may take part in the hearing whether or not the defendant has filed an acknowledgment of service.

Textual Amendments

Injunction containing provisions to which a power of arrest is attachedE+W

65.44.—(1) In this rule ‘relevant provision’ means a provision of an injunction to which a power of arrest is attached.

(Section 36(6) and (7) and section 40(3) and 41(4) of the 2009 Act [F17and section 4(1)(a) and (b) and (2) of the 2014 Act] confer powers to attach a power of arrest to an injunction.)

(2) Where an injunction contains one or more relevant provisions—

(a)each relevant provision must be set out in a separate paragraph of the injunction; and

(b)subject to paragraph (3), the claimant must deliver a copy of the relevant provisions to any police station for the area where the conduct occurred.

(3) Where the injunction has been granted without notice, the claimant must not deliver a copy of the relevant provisions to any police station for the area where the conduct occurred before the defendant has been served with the injunction containing the relevant provisions.

(4) Where an order is made varying or discharging any relevant provision, the claimant must—

(a)immediately inform the police station to which a copy of the relevant provisions was delivered under paragraph (2)(b); and

(b)deliver a copy of the order to any police station so informed.

Textual Amendments

Application to vary or discharge an injunctionE+W

65.45.—(1) An application to vary or discharge an injunction under section 42(1)(b) of the 2009 Act [F18or section 8(1)(a) and (b) of the 2014 Act] must be made in accordance with Part 23.

(2) An application by the claimant to vary or discharge the injunction under section 42(1)(b) of the 2009 Act may be made without notice.

(3) If an application under this rule is made without giving notice, the application notice must state the reasons why notice has not been given.

Textual Amendments

Application for warrant of arrest under section 44(2) of the 2009 Act [F19or section 10 of the 2014 Act] E+W

65.46.—(1) An application for a warrant of arrest under section 44(2) of the 2009 Act [F20or section 10 of the 2014 Act] must be made in accordance with Part 23 and may be made without notice.

(2) An applicant for a warrant of arrest under section 44(2) of the 2009 Act [F21or section 10 of the 2014 Act] must—

(a)file an affidavit setting out grounds for the application with the application notice; or

(b)give oral evidence of the grounds for the application at the hearing.

(3) Where in accordance with sub-paragraph (2)(b), oral evidence is given, the applicant must produce a written record of that evidence which must be served on the person arrested at the time of the arrest.

Textual Amendments

Proceedings following arrest under the 2009 Act [F22and under the 2014 Act] E+W

65.47.—(1) This rule applies where a person is arrested pursuant to—

(a)a power of arrest attached to a provision of an injunction; or

(b)a warrant of arrest.

(2) The judge before whom a person is brought following his arrest may—

(a)deal with the matter; or

(b)adjourn the proceedings.

(3) If proceedings under section 43 or 44 of the 2009 Act [F23or section 9 or 10 of the 2014 Act] are adjourned and the arrested person is released—

(a)the matter must be dealt with (whether by the same or another judge) within 28 days of the date on which the arrested person appears in court; and

(b)the arrested person must be given not less than 2 days’ notice of the hearing.

[F24(4) A contempt application may be issued even if the arrested person is not dealt with within the period in sub-paragraph (3)(a).]

F25(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F25...

Textual Amendments

RecognizanceE+W

65.48.—(1) Where, in accordance with paragraph 2(2)(b) of Schedule 5 to the 2009 Act [F26or paragraph 2(3)(b) of Schedule 1 to the 2014 Act], the court fixes the amount of any recognizance with a view to it being taken subsequently, the recognizance may be taken by—

(a)a judge;

(b)a justice of the peace;

(c)a justices’ [F27legal adviser];

(d)a police officer of the rank of inspector or above, or in charge of a police station; or

(e)where the arrested person is in custody, the governor or keeper of a prison,

with the same consequences as if it had been entered into before the court.

(2) The person having custody of an applicant for bail must release that person if satisfied that the required recognizances have been taken.

Textual Amendments

Applications for a power of arrest to be attached to any provision of an injunctionE+W

65.49.—(1) An application under section 34 or 39 of the 2009 Act [F28or section 5 or 6 of the 2014 Act] which includes an application for a power of arrest to be attached to any provision of an injunction must be made in the proceedings seeking the injunction by—

(a)the claim form; or

(b)an application under Part 23.

(2) Every application must be supported by written evidence.

(3) Every application made on notice must be served personally, together with a copy of the written evidence, by the applicant on the person against whom the injunction is sought not less than 2 days before the hearing.

(Attention is drawn to rule 25.3(3) – applications without notice.)]]

Textual Amendments