Explanatory Notes

Policing and Crime Act 2009

2009 CHAPTER 26

12 November 2009

Territorial Extent and Application

Part 4 – Injunctions: Gang-Related Violence

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.