Policing and Crime Act 2009

Arrest and remand E+W

43 Arrest without warrant E+W

(1) This section applies if a power of arrest is attached to a provision of an injunction under this Part.

(2) A constable may arrest without warrant a person whom the constable has reasonable cause to suspect to be in breach of the provision.

(3) If a constable arrests a person under subsection (2), the constable must inform the person who applied for the injunction.

(4) A person arrested under subsection (2) must be brought before a relevant judge within the period of 24 hours beginning with the time of the arrest.

(5) If the matter is not disposed of when the person is brought before the judge, the judge may remand the person.

(6) In calculating when the period of 24 hours mentioned in subsection (4) ends, Christmas Day, Good Friday and any Sunday are to be disregarded.

(7) In this Part “relevant judge”, in relation to an injunction, [F1 means a judge of the court that granted the injunction, except that where—

(a) the respondent is aged 18 or over, but

(b) the injunction was granted by a youth court,

it means a judge of the county court. ]

Textual Amendments

F1 Words in s. 43(7) substituted (1.6.2015) by Crime and Courts Act 2013 (c. 22), ss. 18(3), 61(2) (with s. 18(6)); S.I. 2015/813, art. 3(a)

Commencement Information

I1 S. 43 in force at 31.1.2011 by S.I. 2010/2988, art. 2

44 Issue of warrant of arrest E+W

(1) This section applies in relation to an injunction under this Part.

(2) If the person who applied for the injunction considers that the respondent is in breach of any of its provisions, the person may apply to a relevant judge for the issue of a warrant for the arrest of the respondent.

(3) A relevant judge may not issue a warrant on an application under subsection (2) unless the judge has reasonable grounds for believing that the respondent is in breach of any provision of the injunction.

(4) If a person is brought before a court by virtue of a warrant under subsection (3), but the matter is not disposed of, the court may remand the person.

Commencement Information

I2 S. 44 in force at 31.1.2011 by S.I. 2010/2988, art. 2

45 Remand for medical examination and report E+W

(1) This section applies in relation to a person who is brought before the relevant judge or the court under section 43 or 44.

(2) If the relevant judge or the court has reason to consider that a medical report will be required, the judge or the court may remand the person under section 43(5) or (as the case may be) 44(4) for the purpose of enabling a medical examination to take place and a report to be made.

(3) If the person is remanded in custody for that purpose, the adjournment may not be for more than 3 weeks at a time.

(4) If the person is remanded on bail for that purpose, the adjournment may not be for more than 4 weeks at a time.

(5) If the relevant judge or the court has reason to suspect that the person is suffering from a mental disorder within the meaning of the Mental Health Act 1983, the judge or the court has the same power to make an order under section 35 of that Act (remand for report on accused's medical condition) as the Crown Court has under that section in the case of an accused person (within the meaning of that section).

Commencement Information

I3 S. 45 in force at 31.1.2011 by S.I. 2010/2988, art. 2

46 Further provision about remands E+W

Schedule 5 (which makes further provision about the remand of a person under sections 43(5) and 44(4)) has effect.

Commencement Information

I4 S. 46 in force at 31.1.2011 by S.I. 2010/2988, art. 2

[F2 46A Breach of injunction: supplementary powers in respect of under-18s E+W

Schedule 5A (which makes provision about the powers of the court in relation to breach of an injunction by a respondent aged under 18) has effect.]

Textual Amendments

F2 S. 46A inserted (E.W.) (9.1.2012) by Crime and Security Act 2010 (c. 17), ss. 39(2), 59(1); S.I. 2011/3016, art. 2(d)