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Policing and Crime Act 2009

Contents of injunctions

Section 35 Contents of injunctions

226.This section serves the purpose of listing possible effects that prohibitions or requirements could have on the respondent.

227.Subsection (2) lists possible effects of prohibitions, including an exclusion zone ((2)(a)), non-association with other individuals ((2)(b)), preventing the respondent from being in charge of certain animals ((2)(c)), preventing the respondent from wearing specific clothing ((2)(d)) or preventing the respondent from using the internet to facilitate or encourage violence ((2)(e)).

228.Subsection (3) lists possible effects of requirements, including notification of a change of address ((3)(a)), a curfew ((3)(b)), presenting oneself as required during the curfew ((3)(c)) and participation in activities ((3)(d)).

229.Subsection (4) provides that a requirement which has the effect of a curfew as in subsection (3)(b) may not last for more than eight hours in any day.

230.Subsection (5) provides that prohibitions or requirements should avoid conflict with the religious beliefs of the respondent and their work or educational commitments.

231.Subsection (6) makes it clear that the list of prohibitive or restrictive effects contained within subsections (2) and (3) is non-exhaustive.

Section 36 Contents of injunctions: supplemental

232.This section makes additional provisions in respect of an injunction that is granted under section 34.

233.Subsection (2) has the effect of limiting injunctions to a maximum period of two years.

234.Subsection (3) enables the court to set review hearings which the applicant and respondent must attend. The purpose of review hearings is set out in subsection (5), namely to consider whether the injunction should be varied or discharged

235.Subsection (4) requires the court to set a review hearing if any prohibition or requirement of an injunction lasts for more than one year from the original injunction date. The review hearing must be held within the last four weeks of the one year period.

236.Subsection (6) creates a power for the court to attach a power of arrest to any prohibition in the injunction, or to any requirement, other than a requirement for the respondent to participate in specified activities. The court may choose to attach the power of arrest to none, some or all of the prohibitions or requirements of an injunction.

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