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Psychoactive Substances Act 2016

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This is the original version (as it was originally enacted).

18Prohibition orders on application

This section has no associated Explanatory Notes

(1)The appropriate court may make a prohibition order under this section against a person if—

(a)condition A or B is met, and

(b)condition C is met.

(2)Condition A is that the court is satisfied on the balance of probabilities that the person has failed to comply with a prohibition notice.

(3)Condition B is that, where no prohibition notice has been given (or one was given but has been withdrawn)—

(a)the court is satisfied on the balance of probabilities that the person is carrying on, or is likely to carry on, a prohibited activity, and

(b)the court considers that the person would fail to comply with a prohibition notice if given.

(4)Condition C is that the court considers it necessary and proportionate to make the prohibition order for the purpose of preventing the person from carrying on any prohibited activity.

(5)If a court makes a prohibition order under this section based on condition A having been met, the prohibition notice is to be treated as having been withdrawn.

(6)A prohibition order under this section may not be made—

(a)in England and Wales or Northern Ireland, against an individual who is under the age of 10, or

(b)in Scotland, against an individual who is under the age of 12.

(7)A prohibition order under this section made against an individual who is under the age of 18 at the time the order is made—

(a)must specify the period for which it has effect, and

(b)may not have effect for more than 3 years.

(8)A prohibition order under this section may be made only on an application made in accordance with section 21.

(9)In this section “the appropriate court” means—

(a)in relation to England and Wales—

(i)where the person in respect of whom the application is made is an individual who is under the age of 18, a youth court, and

(ii)in any other case, a magistrates’ court;

(b)in relation to Scotland, the sheriff;

(c)in relation to Northern Ireland—

(i)where the person in respect of whom the application is made is an individual who is under the age of 18, a youth court, and

(ii)in any other case, a court of summary jurisdiction.

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