Housing Act 1996

155 Arrest and remand. E+W

(1) If a power of arrest is attached to certain provisions of an injunction by virtue of section 152(6) or section 153, a constable may arrest without warrant a person whom he has reasonable cause for suspecting to be in breach of any such provision or otherwise in contempt of court in relation to a breach of any such provision.

A constable shall after making any such arrest forthwith inform the person on whose application the injunction was granted.

(2) Where a person is arrested under subsection (1)—

(a) he shall be brought before the relevant judge within the period of 24 hours beginning at the time of his arrest, and

(b) if the matter is not then disposed of forthwith, the judge may remand him.

In reckoning for the purposes of this subsection any period of 24 hours no account shall be taken of Christmas Day, Good Friday or any Sunday.

(3) If the court has granted an injunction in circumstances such that a power of arrest could have been attached under section 152(6) or section 153 but—

(a) has not attached a power of arrest under the section in question to any provisions of the injunction, or

(b) has attached that power only to certain provisions of the injunction,

then, if at any time the applicant considers that the respondent has failed to comply with the injunction, he may apply to the relevant judge for the issue of a warrant for the arrest of the respondent.

(4) The relevant judge shall not issue a warrant on an application under subsection (3) unless—

(a) the application is substantiated on oath, and

(b) he has reasonable grounds for believing that the respondent has failed to comply with the injunction.

(5) If a person is brought before a court by virtue of a warrant issued under subsection (4) and the court does not dispose of the matter forthwith, the court may remand him.

(6) Schedule 15 (which makes provision corresponding to that applying in magistrates’ courts in civil cases under sections 128 and 129 of the M1 Magistrates’ Courts Act 1980) applies in relation to the powers of the High Court and a county court to remand a person under this section.

(7) If a person remanded under this section is granted bail by virtue of subsection (6), he may be required by the relevant judge to comply, before release on bail or later, with such requirements as appear to the judge to be necessary to secure that he does not interfere with witnesses or otherwise obstruct the course of justice.

Annotations:

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Commencement Information

I1 S. 155 wholly in force at 15.10.2001; s. 155 not in force at Royal Assent see s. 232(1)-(3); s. 155(1)(2) (except for (2)(b)) in force at 1.9.1997 by S.I. 1997/1851, art. 2; s. 155 in force insofar as not already in force at 15.10.2001 by S.I. 2001/3164, art. 2

Marginal Citations

M1 1980 c. 43.