Antisocial Behaviour etc. (Scotland) Act 2004

Interim antisocial behaviour orders

7 Interim antisocial behaviour orders

(1) Subsection (2) applies where—

(a) an application is made under section 4; and

(b) the application has been intimated to the specified person.

(2) If the sheriff is satisfied—

(a) that the condition mentioned in paragraph (a) of section 4(2) is met;

(b) that prima facie the condition mentioned in paragraph (b) of that section is met; and

(c) that the making of an interim antisocial behaviour order (an “interim order”) is necessary for the purpose mentioned in paragraph (c) of that section,

the sheriff may make an interim order.

(3) Where the specified person is a child, the sheriff shall, in determining whether to make an interim order, have regard to any views expressed by the Principal Reporter.

(4) An interim order is an order which prohibits, pending the determination of the application, the specified person from doing anything described in the order.

(5) Sections 4(6) and (7) shall apply to an interim order as they apply to an antisocial behaviour order.

(6) Before making an interim order, the sheriff shall, where the specified person is present in court, explain in ordinary language—

(a) the effect of the order and the prohibitions proposed to be included in it;

(b) the consequences of failing to comply with the order;

(c) the power the sheriff has to recall the order; and

(d) the entitlement of the specified person to appeal against the making of the order.

(7) Failure to comply with subsection (6) shall not affect the validity of the order.

(8) An interlocutor granting or refusing an interim order is an appealable interlocutor.