Part 4Injunctions: gang-related violence
Variation and discharge
42Variation 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).