C1PART 1Injunctions
Injunctions
I11Power to grant injunctions
1
A court may grant an injunction under this section against a person aged 10 or over (“the respondent”) if two conditions are met.
2
The first condition is that the court is satisfied, on the balance of probabilities, that the respondent has engaged or threatens to engage in anti-social behaviour.
3
The second condition is that the court considers it just and convenient to grant the injunction for the purpose of preventing the respondent from engaging in anti-social behaviour.
4
An injunction under this section may for the purpose of preventing the respondent from engaging in anti-social behaviour—
a
prohibit the respondent from doing anything described in the injunction;
b
require the respondent to do anything described in the injunction.
5
Prohibitions and requirements in an injunction under this section must, so far as practicable, be such as to avoid—
a
any interference with the times, if any, at which the respondent normally works or attends school or any other educational establishment;
b
any conflict with the requirements of any other court order or injunction to which the respondent may be subject.
6
An injunction under this section must—
a
specify the period for which it has effect, or
b
state that it has effect until further order.
In the case of an injunction granted before the respondent has reached the age of 18, a period must be specified and it must be no more than 12 months.
7
An injunction under this section may specify periods for which particular prohibitions or requirements have effect.
8
An application for an injunction under this section must be made to—
a
a youth court, in the case of a respondent aged under 18;
b
the High Court or the county court, in any other case.
Paragraph (b) is subject to any rules of court made under section 18(2).
I22Meaning of “anti-social behaviour”
1
In this Part “anti-social behaviour” means—
a
conduct that has caused, or is likely to cause, harassment, alarm or distress to any person,
b
conduct capable of causing nuisance or annoyance to a person in relation to that person's occupation of residential premises, or
c
conduct capable of causing housing-related nuisance or annoyance to any person.
2
Subsection (1)(b) applies only where the injunction under section 1 is applied for by—
a
a housing provider,
b
a local authority, or
c
a chief officer of police.
3
In subsection (1)(c) “housing-related” means directly or indirectly relating to the housing management functions of—
a
a housing provider, or
b
a local authority.
4
For the purposes of subsection (3) the housing management functions of a housing provider or a local authority include—
a
functions conferred by or under an enactment;
b
the powers and duties of the housing provider or local authority as the holder of an estate or interest in housing accommodation.
Pt. 1 applied (with modifications) (8.5.2017) by The West Midlands Combined Authority (Functions and Amendment) Order 2017 (S.I. 2017/510), arts. 1(2), 20(3)