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Policing and Crime Act 2009

Interim injunctions

Section 40 Interim injunctions: adjournment of on notice hearing

242.This section deals with the powers of the court to grant an interim injunction where the court adjourns a hearing of which notice has been given to the respondent.

243.It allows the court to grant an interim injunction if it is just and convenient to do so. The court is not required to be satisfied of the conditions set out in section 34(2) and (3).

244.Subsection (3) provides that an interim injunction granted as the result of an adjournment of an on notice hearing may include any provision that the court has the power to include in an injunction granted under section 34, including a power of arrest.

Section 41: Interim injunctions: adjournment of without notice hearing

245.This section deals with the court’s powers to grant an injunction where it adjourns the hearing of an application which has been made without notice. This would usually occur where a without notice hearing has been sought to prevent imminent violence. An adjournment may be necessary to enable further information to be gathered ahead of a full hearing and will be necessary to enable the respondent to attend a full hearing. This section ensures that the court can only grant an interim injunction in this situation when the court considers it necessary to do so.

246.Subsection (3) sets out that an interim without notice injunction must not have the effect of requiring the respondent to participate in particular activities.

247.Subsection (4) sets out that an interim without notice injunction may include any provision, other than that set out in subsection (3), that the court has the power to include in an injunction granted under section 34, including a power of arrest.

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