Policing and Crime Act 2009 Explanatory Notes

Applications

Section 37 Applications for injunctions under section 34

237.Subsection (1) provides that applications can be made by the police, including the British Transport Police, or a local authority. Local authority is defined in subsection (2).

Section 38 Consultation by applicants for injunctions

238.This section creates a requirement for the applicant authority to consult with any local authority, any chief officer of police and any other body or individual that the applicant thinks it appropriate to consult before applying for an injunction.

Section 39 Applications without notice

239.This section allows the applicant to make an application for an injunction without giving notice to the respondent.

240.The applicant is not required to comply with the consultation requirement in section 38 before making such an application.

241.However, subsection (5) requires the applicant to have met the consultation requirement of section 38 before the first full hearing, of which the respondent will have been notified.

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