F1PART 65PROCEEDINGS RELATING TO ANTI-SOCIAL BEHAVIOUR AND HARASSMENT

SECTION IHousing Act 1996 injunctions

Proceedings following arrest65.6.

(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)

Where the proceedings are adjourned the judge may remand the arrested person in accordance with section 155(2)(b) or (5) of the 1996 Act.

(4)

Where the proceedings 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.

(5)

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 mentioned in paragraph (4)(a).

F2(6)

Sections 2 and 8 of Part 81 apply where an application is made in F3the County Court to commit a person for breach of an injunction, as if references in those Sections to the judge included references to a F4District Judge.

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