Powers for dealing with prohibited activities

Prohibition orders on application
18
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Condition B is that, where no prohibition notice has been given (or one was given but has been withdrawn)—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order under this section based on condition A having been met, the prohibition notice is to be treated as having been withdrawn.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.
S. 18 in force at 26.5.2016 by S.I. 2016/553, reg. 2