[F1 PART 65 E+WPROCEEDINGS RELATING TO ANTI-SOCIAL BEHAVIOUR AND HARASSMENT

Textual Amendments

F1 Pt. 65 inserted (30.6.2004) by The Civil Procedure (Amendment) Rules 2004 (S.I. 2004/1306), rule 1(b), Sch. 2 (with rule 20(2)(a))

SECTION V E+WProceedings under the Protection from Harassment Act 1997

Scope of this Section E+W

65.27.   This Section applies to proceedings under section 3 of the Protection from Harassment Act 1997 (“the 1997 Act”).

Claims under section 3 of the 1997 Act E+W

65.28.— [F2 (1)] A claim under section 3 of the 1997 Act—

(a) shall be subject to the Part 8 procedure [F3 and—]

F4 (...) ...

[F5 (i) in the High Court, must be commenced in the [F6 King’s] Bench Division, or

(ii) in the County Court, may be commenced at any County Court hearing centre.]

[F7 (2) If the application is commenced at a County Court hearing centre which does not serve the address where—

(a) the defendant resides or carries on business; or

(b) the claimant resides or carries on business,

the claim will be issued by the County Court hearing centre where the claim is commenced and sent to the hearing centre serving the address at (a)(i) or (ii), as appropriate.

(Practice Direction 65 makes further provision in respect of claims which are not commenced at the County Court hearing centre which serves the address where the property is situated.)]

Textual Amendments

F2 Rule 65.28 renumbered as rule 65.28(1) (22.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(1), 28(e)(i); S.I. 2014/954, art. 2(a)

F3 Word in rule 65.28(1)(a) substituted (22.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(1), 28(e)(ii); S.I. 2014/954, art. 2(a)

F4 Words in rule 65.28(1)(b) omitted (22.4.2014) by virtue of The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(1), 28(e)(iii)(aa); S.I. 2014/954, art. 2(a)

F5 Rule 65.28(1)(b)(i)(ii) substituted (22.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(1), 28(e)(iii)(bb); S.I. 2014/954, art. 2(a)

F6 Word in rule 65.28(1)(b)(i) substituted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 34

F7 Rule 65.28(2) inserted (22.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(1), 28(e)(iv); S.I. 2014/954, art. 2(a)

Applications for issue of a warrant of arrest under section 3(3) of the 1997 Act E+W

65.29.— (1) An application for a warrant of arrest under section 3(3) of the 1997 Act—

(a) must be made in accordance with Part 23; and

(b) may be made without notice.

(2) The application notice must be supported by affidavit evidence which must—

(a) set out the grounds for the application;

(b) state whether the claimant has informed the police of the conduct of the defendant as described in the affidavit; and

(c) state whether, to the claimant’s knowledge, criminal proceedings are being pursued.

Proceedings following arrest E+W

65.30.— (1) The judge before whom a person is brought following his arrest may—

(a) deal with the matter; or

(b) adjourn the proceedings.

(2) Where the proceedings are adjourned and the arrested person is released—

(a) the matter must be dealt with (whether by the same or another judge) within 28 days of the date on which the arrested person appears in court; and

(b) the arrested person must be given not less than 2 days' notice of the hearing.]