Policing and Crime Act 2009

42 Variation or discharge of injunctions

(1) The court may vary or discharge an injunction under this Part if—

(a) a review hearing is held, or

(b) an application to vary or discharge the injunction is made.

(2) An application to vary or discharge the injunction may be made by—

(a) the person who applied for the injunction;

(b) the respondent.

(3) The power to vary an injunction includes power to—

(a) include an additional prohibition or requirement in the injunction;

(b) extend the period for which a prohibition or requirement in the injunction has effect (subject to section 36(2));

(c) attach a power of arrest or extend the period for which a power of arrest attached to the injunction has effect.

(4) Section 36(4) does not apply where an injunction is varied to include a prohibition or requirement which is to have effect as mentioned in that provision but the variation is made within (or at any time after) the period of 4 weeks mentioned in it.

(5) Before applying for the variation or discharge of an injunction, a person mentioned in subsection (2)(a) must notify the persons consulted under section 38(1) or 39(5).