PART 1

Injunctions

Injunctions

Power to grant injunctions
1
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).
S. 1 in force at 23.3.2015 by S.I. 2015/373, art. 4(a)
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)