[F1 PART 65 E+W PROCEEDINGS RELATING TO ANTI-SOCIAL BEHAVIOUR AND HARASSMENT

Textual Amendments

F1 Pt. 65 inserted (30.6.2004) by The Civil Procedure (Amendment) Rules 2004 (S.I. 2004/1306), rule 1(b), Sch. 2 (with rule 20(2)(a))

[F2 SECTION VIII E+W Injunctions under the Policing and Crime Act 2009

Textual Amendments

F2 Pt. 65 Section 8 inserted (31.1.2011) by The Civil Procedure (Amendment No.2) Rules 2010 (S.I. 2010/1953), rule 1(3), Sch. 3; S.I. 2010/2988, art. 2

Proceedings following arrest under the 2009 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 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.

(4) An application notice seeking the committal for contempt of court of the arrested person may be issued even if the arrested person is not dealt with within the period in sub-paragraph (3)(a).

[F3 (5) Sections 2 and 8 of Part 81 apply where an application is made in [F4 the County Court] to commit a person for breach of an injunction as if references in those Sections to the judge include references to a [F5 District Judge].

(For applications for the discharge of a person committed to prison for contempt of court see rules 81.31 and 81.32.)]]]

Textual Amendments

F3 Rule 65.47(5) and words substituted (1.10.2012) by The Civil Procedure (Amendment No.2) Rules 2012 (S.I. 2012/2208), rules 1, 11(b) (with art. 20)

F4 Words in Rules substituted (22.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(1), 4(a)(i); S.I. 2014/954, art. 2(a)

F5 Words in Rules substituted (22.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(1), 4(a)(iv); S.I. 2014/954, art. 2(a)