PART 65 - PROCEEDINGS RELATING TO ANTI-SOCIAL BEHAVIOUR AND HARASSMENT

Contents of this Part
Title Number
Scope of this Part Rule 65.1
I HOUSING ACT 1996 INJUNCTIONS  
Scope of this Section and interpretation Rule 65.2
Applications for an injunction Rule 65.3
Injunction containing provisions to which a power of arrest is attached Rule 65.4
Application for warrant of arrest under section 155(3) of the 1996 Act Rule 65.5
Proceedings following arrest Rule 65.6
Recognizance Rule 65.7
II APPLICATIONS BY LOCAL AUTHORITIES FOR POWER OF ARREST TO BE ATTACHED TO AN INJUNCTION  
Scope of this Section and interpretation Rule 65.8
Applications under section 91(3) of the 2003 Act or section 27(3) of the 2006 Act for a power of arrest to be attached to any provision of an injunction Rule 65.9
Injunction containing provisions to which a power of arrest is attached Rule 65.10
III DEMOTION CLAIMS, PROCEEDINGS RELATED TO DEMOTED TENANCIES AND APPLICATIONS TO SUSPEND THE RIGHT TO BUY  
Scope of this Section and interpretation Rule 65.11
Demotion claims or suspension claims made in the alternative to possession claims Rule 65.12
Other demotion or suspension claims Rule 65.13
Starting a demotion or suspension claim Rule 65.14
Particulars of claim Rule 65.15
Hearing date Rule 65.16
Defendant's response Rule 65.17
The hearing Rule 65.18
Allocation Rule 65.19
Proceedings relating to demoted tenancies Rule 65.20
IV ANTI-SOCIAL BEHAVIOUR ORDERS UNDER THE CRIME AND DISORDER ACT 1998  
Scope of this Section and interpretation Rule 65.21
Application where the relevant authority is a party in principal proceedings Rule 65.22
Application by a relevant authority to join a person to the principal proceedings Rule 65.23
Application where the relevant authority is not party in principal proceedings Rule 65.24
Evidence Rule 65.25
Application for an interim order Rule 65.26
V PROCEEDINGS UNDER THE PROTECTION FROM HARASSMENT ACT 1997  
Scope of this Section Rule 65.27
Claims under section 3 of the 1997 Act Rule 65.28
Applications for issue of a warrant of arrest under section 3(3) of the 1997 Act Rule 65.29
Proceedings following arrest Rule 65.30
VI DRINKING BANNING ORDERS UNDER THE VIOLENT CRIME REDUCTION ACT 2006  
Scope of this Section and interpretation Rule 65.31
Application where the relevant authority is a party in principal proceedings Rule 65.32
Application where the relevant authority is not a party in principal proceedings Rule 65.33
Application by a relevant authority to join a person to the principal proceedings Rule 65.34
Evidence Rule 65.35
Application for an interim order Rule 65.36
VII PARENTING ORDERS UNDER THE ANTI-SOCIAL BEHAVIOUR ACT 2003  
Scope of this Section and interpretation Rule 65.37
Applications for parenting orders Rule 65.38
Applications by the relevant authority to be joined to proceedings Rule 65.39
Applications by the relevant authority to join a parent to proceedings Rule 65.40
Evidence Rule 65.41
VIII INJUNCTIONS UNDER THE POLICING AND CRIME ACT 2009 AND UNDER PART 1 OF THE ANTI-SOCIAL BEHAVIOUR, CRIME AND POLICING ACT 20141  
Scope of this Section and interpretation Rule 65.42
Applications for an injunction Rule 65.43
Injunction containing provisions to which a power of arrest is attached Rule 65.44
Application to vary or discharge an injunction Rule 65.45
Application for warrant of arrest under section 44(2) of the 2009 Act or section 10 of the 2014 Act Rule 65.46
Proceedings following arrest under the 2009 Act Rule 65.47
Recognizance Rule 65.48
Applications for a power of arrest to be attached to any provision of an injunction Rule 65.49

Scope of this Part

65.1  This Part contains rules –

(a) in Section I, about injunctions under the Housing Act 19962;

(b) in Section II, about applications by local authorities under section 91(3) of the Anti-social Behaviour Act 20033 for a power of arrest to be attached to an injunction;

(c) in Section III, about claims for demotion orders under the Housing Act 19854 and Housing Act 19885 and proceedings relating to demoted tenancies;

(d) in Section IV, about anti-social behaviour orders under the Crime and Disorder Act 19986;

(e) in Section V, about claims under section 3 of the Protection from Harassment Act 19977;

(f) in Section VI, about applications for drinking banning orders and interim drinking banning orders under sections 4 and 9 of the Violent Crime Reduction Act 2006;

(g) in Section VII, about parenting orders under sections 26A and 26B of the Anti-social Behaviour Act 20038; and

(h) in Section VIII, about injunctions under the Policing and Crime Act 2009.

I HOUSING ACT 1996 INJUNCTIONS

Scope of this Section and interpretation

65.2

(1) This Section applies to applications for an injunction and other related proceedings under Chapter III of Part V of the Housing Act 1996 (injunctions against anti-social behaviour).

(2) In this Section ‘the 1996 Act’means the Housing Act 1996.

Applications for an injunction

65.3

(1) An application for an injunction under Chapter III of Part V of the 1996 Act shall be subject to the Part 8 procedure as modified by this rule and Practice Direction 65.

(2) The application –

(a) must be made by a claim form in accordance with Practice Direction 65;

(b) may be made at any County Court hearing centre; and

(c) supported by a witness statement which must be filed with the claim form.

(2A) If the application—

(a) is on notice; and

(b) is not made at a County Court hearing centre which serves the address where—

(i) the defendant resides; or

(ii) the conduct complained of occurred,

the application will be issued by the County Court hearing centre where the application is made, and sent to the hearing centre in (i) or (ii) as appropriate.

(Practice Direction 65 makes further provision in respect of claims which are not made at the County Court hearing centre which serves the relevant address.)

(3) The claim form must state–

(a) the matters required by rule 8.2; and

(b) the terms of the injunction applied for.

(4) An application under this rule may be made without notice and where such an application without notice is made–

(a1) the application may—

(i) be made at any County Court hearing centre;

(ii) be heard at the hearing centre where the application is made; and

(iii) at any stage of the proceedings, be transferred by the court to—

(aa) the hearing centre which serves the address where the defendant resides or where the conduct complained of occurred; or

(bb) another hearing centre as the court considers appropriate;

(a) the witness statement in support of the application must state the reasons why notice has not been given; and

(b) the following rules do not apply –

(i) 8.3;

(ii) 8.4;

(iii) 8.5(2) to (6);

(iv) 8.6(1);

(v) 8.7; and

(vi) 8.8.

(5) In every application made on notice, the application notice must be served, together with a copy of the witness statement, by the claimant on the defendant personally.

(6) An application made on notice may be listed for hearing before the expiry of the time for the defendant to file an acknowledgement of service under rule 8.3, and in such a case –

(a) the claimant must serve the application notice and witness statement on the defendant not less than two days before the hearing; and

(b) the defendant may take part in the hearing whether or not he has filed an acknowledgment of service.

Injunction containing provisions to which a power of arrest is attached

65.4

(1) In this rule ‘relevant provision’ means a provision of an injunction to which a power of arrest is attached.

(Sections 153C(3) and 153D(4) of the 1996 Act9 confer powers to attach a power of arrest to an injunction)

(2) Where an injunction contains one or more relevant provisions –

(a) each relevant provision must be set out in a separate paragraph of the injunction; and

(b) subject to paragraph (3), the claimant must deliver a copy of the relevant provisions to any police station for the area where the conduct occurred.

(3) Where the injunction has been granted without notice, the claimant must not deliver a copy of the relevant provisions to any police station for the area where the conduct occurred before the defendant has been served with the injunction containing the relevant provisions.

(4) Where an order is made varying or discharging any relevant provision, the claimant must –

(a) immediately inform the police station to which a copy of the relevant provisions was delivered under paragraph (2)(b); and

(b) deliver a copy of the order to any police station so informed.

Application for warrant of arrest under section 155(3) of the 1996 Act10

65.5

(1) An application for a warrant of arrest under section 155(3) of the 1996 Act must be made in accordance with Part 23 and may be made without notice.

(2) An applicant for a warrant of arrest under section 155(3) of the 1996 Act must –

(a) file an affidavit setting out grounds for the application with the application notice; or

(b) give oral evidence as to the grounds for the application at the hearing.

Proceedings following arrest

65.6

(1) This rule applies where a person is arrested pursuant to –

(a) a power of arrest attached to a provision of an injunction; or

(b) a warrant of arrest.

(2) The judge before whom a person is brought following his arrest may –

(a) deal with the matter; or

(b) adjourn the proceedings.

(3) Where the proceedings are adjourned the judge may remand the arrested person in accordance with section 155(2)(b) or (5) of the 1996 Act.

(4) 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.

(5) An application notice seeking the committal for contempt of court of the arrested person may be issued even if the arrested person is not dealt with within the period mentioned in paragraph (4)(a).

(6) Sections 2 and 8 of Part 81 apply where an application is made in the County Court to commit a person for breach of an injunction, as if references in those Sections to the judge included references to a District Judge.

(For applications for the discharge of a person committed to prison for contempt of court see rules 81.31 and 81.32.)

Recognizance

65.7

(1) Where, in accordance with paragraph 2(2)(b) of Schedule 15 to the 1996 Act, the court fixes the amount of any recognizance with a view to it being taken subsequently, the recognizance may be taken by –

(a) a judge;

(b) a justice of the peace;

(c) a justices' clerk;

(d) a police officer of the rank of inspector or above or in charge of a police station; or

(e) where the arrested person is in his custody, the governor or keeper of a prison,

with the same consequences as if it had been entered into before the court.

(2) The person having custody of an applicant for bail must release him if satisfied that the required recognizances have been taken.

II APPLICATIONS BY LOCAL AUTHORITIES FOR POWER OF ARREST TO BE ATTACHED TO AN INJUNCTION

Scope of this Section and interpretation

65.8

(1) This Section applies to applications by local authorities under section 91(3) of the Anti-social Behaviour Act 200311 or under section 27(3) of the Police and Justice Act 200612 for a power of arrest to be attached to an injunction.

(Section 91 of the 2003 Act and section 27 of the 2006 Act apply to proceedings in which a local authority is a party by virtue of section 222 of the Local Government Act 197213 (power of local authority to bring, defend or appear in proceedings for the promotion or protection of the interests of inhabitants in their area)

(2) In this Section ‘the 2003 Act’means the Anti-social Behaviour Act 2003.

(3) In this Section ‘the 2006 Act’means the Police and Justice Act 2006.

Applications under section 91(3) of the 2003 Act or section 27(3) of the 2006 Act for a power of arrest to be attached to any provision of an injunction

65.9

(1) An application under section 91(3) of the 2003 Act or section 27(3) of the 2006 Act for a power of arrest to be attached to any provision of an injunction must be made in the proceedings seeking the injunction by –

(a) the claim form;

(b) the acknowledgment of service;

(c) the defence or counterclaim in a Part 7 claim; or

(d) application under Part 23.

(2) Every application must be supported by written evidence.

(3) Every application made on notice must be served personally, together with a copy of the written evidence, by the local authority on the person against whom the injunction is sought not less than 2 days before the hearing.

(Attention is drawn to rule 25.3(3) – applications without notice)

Injunction containing provisions to which a power of arrest is attached

65.10

(1) Where a power of arrest is attached to a provision of an injunction on the application of a local authority under section 91(3) of the 2003 Act, the following rules in Section I of this Part shall apply –

(a) rule 65.4; and

(b) paragraphs (1), (2), (4) and (5) of rule 65.6.

(1A) Where a power of arrest is attached to a provision of an injunction on the application of a local authority under section 27(3) of the 2006 Act, the following rules in Section I of this Part apply –

(a) rule 65.4;

(b) paragraphs (1), (2), (4) and (5) of rule 65.6;

(c) paragraph (1) of rule 65.7, as if the reference to paragraph 2(2)(b) of Schedule 15 to the Housing Act 199614 was a reference to paragraph 2(2)(b) of Schedule 10 to the 2006 Act; and

(d) paragraph (2) of rule 65.7.

(2) CCR Order 29, rule 1 shall apply where an application is made in a county court to commit a person for breach of an injunction.

III DEMOTION CLAIMS, PROCEEDINGS RELATED TO DEMOTED TENANCIES AND APPLICATIONS TO SUSPEND THE RIGHT TO BUY

Scope of this Section and interpretation

65.11

(1) This Section applies to –

(a) claims by a landlord for an order under section 82A of the Housing Act 198515 or under section 6A of the Housing Act 198816 (‘a demotion order’);

(aa) claims by a landlord for an order under section 121A of the Housing Act 1985 (‘a suspension order’); and

(b) proceedings relating to a tenancy created by virtue of a demotion order.

(2) In this Section –

(a) ‘a demotion claim’ means a claim made by a landlord for a demotion order;

(b) ‘a demoted tenancy’ means a tenancy created by virtue of a demotion order;

(c) ‘suspension claim’ means a claim made by a landlord for a suspension order; and

(d) ‘suspension period’ means the period during which the suspension order suspends the right to buy in relation to the dwelling house.

Demotion claims or suspension claims made in the alternative to possession claims

65.12  Where a demotion order or suspension order (or both) is claimed in the alternative to a possession order, the claimant must use the Part 55 procedure and Section I of Part 55 applies, except that the claim must be made in the County Court in accordance with rule 55.3(1).

Other demotion or suspension claims

65.13  Where a demotion claim or suspension claim (or both) is made other than in a possession claim, rules 65.14 to 65.19 apply.

Starting a demotion or suspension claim

65.14

(1) 

(a) The claim may be made at any County Court hearing centre;

(b) the claim will be issued by the hearing centre where the claim is made; and

(c) if the claim is not made at the County Court hearing centre which serves the address where the property is situated, the claim, when it is issued, will be sent to that hearing centre.

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

(2) The claim form and form of defence sent with it must be in the forms set out in Practice Direction 65.

(Part 16 and Practice Direction 65 provide details about the contents of the particulars of claim)

Particulars of claim

65.15  The particulars of claim must be filed and served with the claim form.

Hearing date

65.16

(1) The court will fix a date for the hearing when it issues the claim form.

(2) The hearing date will be not less than 28 days from the date of issue of the claim form.

(3) The standard period between the issue of the claim form and the hearing will be not more than 8 weeks.

(4) The defendant must be served with the claim form and the particulars of claim not less than 21 days before the hearing date.

(Rule 3.1(2)(a) provides that the court may extend or shorten the time for compliance with any rule and rule 3.1(2)(b) provides that the court may adjourn or bring forward a hearing)

Defendant's response

65.17

(1) An acknowledgement of service is not required and Part 10 does not apply.

(2) Where the defendant does not file a defence within the time specified in rule 15.4 he may take part in any hearing but the court may take his failure to do so into account when deciding what order to make about costs.

(3) Part 12 (default judgment) does not apply.

The hearing

65.18

(1) At the hearing fixed in accordance with rule 65.16(1) or at any adjournment of that hearing the court may–

(a) decide the claim; or

(b) give case management directions.

(2) Where the claim is genuinely disputed on grounds which appear to be substantial, case management directions given under paragraph (1)(b) will include the allocation of the claim to a track or directions to enable it to be allocated.

(3) Except where –

(a) the claim is allocated to the fast track or the multi-track; or

(b) the court directs otherwise,

any fact that needs to be proved by the evidence of witnesses at a hearing referred to in paragraph (1) may be proved by evidence in writing.

(Rule 32.2(1) sets out the general rule about evidence. Rule 32.2(2) provides that rule 32.2(1) is subject to any provision to the contrary)

(4) All witness statements must be filed and served at least two days before the hearing.

(5) Where the claimant serves the claim form and particulars of claim, the claimant must produce at the hearing a certificate of service of those documents and rule 6.17(2)(a) does not apply.

Allocation

65.19  When the court decides the track for the claim, the matters to which it shall have regard include –

(a) the matters set out in rule 26.8; and

(b) the nature and extent of the conduct alleged.

Proceedings relating to demoted tenancies

65.20  A practice direction may make provision about proceedings relating to demoted tenancies.

IV ANTI-SOCIAL BEHAVIOUR ORDERS UNDER THE CRIME AND DISORDER ACT 1998

Scope of this Section and interpretation

65.21

(1) This Section applies to applications in proceedings in the County Court under sub-sections (2), (3) or (3B) of section 1B of the Crime and Disorder Act 199817 by a relevant authority, and to applications for interim orders under section 1D of that Act.

(2) In this Section –

(a) ‘the 1998 Act’ means the Crime and Disorder Act 1998;

(b) ‘relevant authority’ has the same meaning as in section 1(1A) of the 1998 Act; and

(c) ‘the principal proceedings’ means any proceedings in the County Court.

Application where the relevant authority is a party in principal proceedings

65.22

(1) Subject to paragraph (2) –

(a) where the relevant authority is the claimant in the principal proceedings, an application under section 1B(2) of the 1998 Act for an order under section 1B(4) of the 1998 Act must be made in the claim form; and

(b) where the relevant authority is a defendant in the principal proceedings, an application for an order must be made by application notice which must be filed with the defence.

(2) Where the relevant authority becomes aware of the circumstances that lead it to apply for an order after its claim is issued or its defence filed, the application must be made by application notice as soon as possible thereafter.

(3) Where the application is made by application notice, it should normally be made on notice to the person against whom the order is sought.

Application by a relevant authority to join a person to the principal proceedings

65.23

(1) An application under section 1B(3B) of the 1998 Act by a relevant authority which is a party to the principal proceedings to join a person to the principal proceedings must be made–

(a) in accordance with Section I of Part 19;

(b) in the same application notice as the application for an order under section 1B(4) of the 1998 Act against the person; and

(c) as soon as possible after the relevant authority considers that the criteria in section 1B(3A) of the 1998 Act are met.

(2) The application notice must contain–

(a) the relevant authority's reasons for claiming that the person's anti-social acts are material in relation to the principal proceedings; and

(b) details of the anti-social acts alleged.

(3) The application should normally be made on notice to the person against whom the order is sought.

Application where the relevant authority is not party in principal proceedings

65.24

(1) Where the relevant authority is not a party to the principal proceedings –

(a) an application under section 1B(3) of the 1998 Act to be made a party must be made in accordance with Section I of Part 19; and

(b) the application to be made a party and the application for an order under section 1B(4) of the 1998 Act must be made in the same application notice.

(2) The applications –

(a) must be made as soon as possible after the authority becomes aware of the principal proceedings; and

(b) should normally be made on notice to the person against whom the order is sought.

Evidence

65.25  An application for an order under section 1B(4) of the 1998 Act must be accompanied by written evidence, which must include evidence that section 1E of the 1998 Act has been complied with.

Application for an interim order

65.26

(1) An application for an interim order under section 1D of the 1998 Act must be made in accordance with Part 25.

(2) The application should normally be made –

(a) in the claim form or application notice seeking the order; and

(b) on notice to the person against whom the order is sought.

V PROCEEDINGS UNDER THE PROTECTION FROM HARASSMENT ACT 1997

Scope of this Section

65.27  This Section applies to proceedings under section 3 of the Protection from Harassment Act 199718 (‘the 1997 Act’).

Claims under section 3 of the 1997 Act

65.28

(1) A claim under section 3 of the 1997 Act –

(a) shall be subject to the Part 8 procedure; and

(b)

(i) in the High Court, must be commenced in the Queen’s Bench Division, or

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

(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.)

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

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

(a) 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

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.

VI DRINKING BANNING ORDERS UNDER THE VIOLENT CRIME REDUCTION ACT 200619

Scope of this Section and interpretation

65.31

(1) This Section applies to applications in proceedings in the County Court under sub-sections (2), (3) or (5) of section 4 of the Violent Crime Reduction Act 2006 by a relevant authority, and to applications for interim orders under section 9 of that Act.

(2) In this Section –

(a) ‘the 2006 Act’ means the Violent Crime Reduction Act 2006;

(b) ‘relevant authority’ has the same meaning as in section 14(1) of the 2006 Act; and

(c) ‘the principal proceedings’ means any proceedings in the County Court.

Application where the relevant authority is a party in principal proceedings

65.32

(1) Subject to paragraph (2) –

(a) where the relevant authority is the claimant in the principal proceedings, an application under section 4(2) of the 2006 Act for an order under section 4(7) of the 2006 Act must be made in the claim form; and

(b) where the relevant authority is a defendant in the principal proceedings, an application for an order must be made by application notice which must be filed with the defence.

(2) Where the relevant authority becomes aware of the circumstances that lead it to apply for an order after its claim is issued or its defence filed, the application must be made by application notice as soon as possible thereafter.

(3) Where the application is made by application notice, it should normally be made on notice to the person against whom the order is sought.

Application where the relevant authority is not a party in principal proceedings

65.33

(1) Where the relevant authority is not a party to the principal proceedings –

(a) an application under section 4(3) of the 2006 Act to be made a party must be made in accordance with Section I of Part 19; and

(b) the application to be made a party and the application for an order under section 4(7) of the 2006 Act must be made in the same application notice.

(2) The applications –

(a) must be made as soon as possible after the relevant authority becomes aware of the principal proceedings; and

(b) should normally be made on notice to the person against whom the order is sought.

Application by a relevant authority to join a person to the principal proceedings

65.34

(1) An application under section 4(5) of the 2006 Act by a relevant authority which is a party to the principal proceedings to join a person to the principal proceedings must be made–

(a) in accordance with Section I of Part 19;

(b) in the same application notice as the application for an order under section 4(7) of the 2006 Act against the person; and

(c) as soon as possible after the relevant authority considers that the criteria in section 4(4) of the 2006 Act are met.

(2) The application notice must contain–

(a) the relevant authority’s reasons for claiming that the person's conduct is material in relation to the principal proceedings; and

(b) details of the conduct alleged.

(3) The application should normally be made on notice to the person against whom the order is sought.

Evidence

65.35  An application for an order under section 4(7) of the 2006 Act must be accompanied by written evidence, which must include evidence that section 4(6) of the 2006 Act has been complied with.

Application for an interim order

65.36

(1) An application for an interim order under section 9 of the 2006 Act must be made in accordance with Part 25.

(2) The application should normally be made –

(a) in the claim form or application notice seeking the order; and

(b) on notice to the person against whom the order is sought.

(3) An application for an interim order may be –

(a) made without a copy of the application notice being served on the person against whom the order is sought;

(b) heard in the absence of the person against whom the order is sought,

with the permission of the court.

VII PARENTING ORDERS UNDER THE ANTI-SOCIAL BEHAVIOUR ACT 2003

Scope of this Section and interpretation

65.37

(1) This Section of this Part applies in relation to applications for parenting orders under sections 26A and 26B of the Anti-social Behaviour Act 2003 by a relevant authority.

(2) In this Section –

(a) ‘the 2003 Act’ means the Anti-social Behaviour Act 2003; and

(b) ‘relevant authority’ has the same meaning as in section 26C of the 2003 Act.

Applications for parenting orders

65.38

(1) Subject to paragraph (2) –

(a) where the relevant authority is the claimant in the proceedings, an application for an order under section 26A or 26B of the 2003 Act must be made in the claim form; and

(b) where the relevant authority is a defendant in the proceedings, an application for such an order must be made by application notice which must be filed with the defence.

(2) Where the relevant authority becomes aware of the circumstances that lead it to apply for an order after its claim is issued or its defence filed, the application must be made by application notice as soon as possible thereafter.

(3) Where the application is made by application notice, it must normally be made on notice to the person against whom the order is sought.

Applications by the relevant authority to be joined to proceedings

65.39

(1) Where the relevant authority is not a party to the proceedings –

(a) an application under section 26C(2) of the 2003 Act to be made a party must be made in accordance with Section I of Part 19; and

(b) the application to be made a party and the application for an order under section 26A or 26B of the 2003 Act must be made in the same application notice.

(2) The applications –

(a) must be made as soon as possible after the relevant authority becomes aware of the proceedings; and

(b) must normally be made on notice to the person against whom the order is sought.

Applications by the relevant authority to join a parent to proceedings

65.40

(1) An application under section 26C(3) of the 2003 Act by a relevant authority which is a party to the proceedings to join a parent to those proceedings must be made –

(a) in the same application notice as the application for an order under section 26A or 26B of the 2003 Act; and

(b) as soon as possible after the relevant authority considers that the grounds for the application are met.

(2) Rule 19.2 does not apply in relation to an application made by a relevant authority under section 26C(3) of the 2003 Act to join a parent to the proceedings.

(3) The application notice must contain–

(a) the relevant authority’s reasons for claiming the anti-social behaviour of the child or young person is material in relation to the proceedings; and

(b) details of the behaviour alleged.

(4) The application must normally be made on notice to the person against whom the order is sought.

Evidence

65.41  An application under section 26A, 26B or 26C of the 2003 Act must be accompanied by written evidence.

VIII INJUNCTIONS UNDER THE POLICING AND CRIME ACT 2009
AND UNDER PART 1 OF THE ANTI-SOCIAL BEHAVIOUR, CRIME AND POLICING ACT 2014

Scope of this Section and interpretation

65.42

(1) This Section applies to applications for an injunction and other related proceedings under Part 4 of the Policing and Crime Act 200920 (Injunctions: gang-related violence) and under Part 1 of the Anti-social Behaviour, Crime and Policing Act 2014 (Injunctions).

(2) In this Section—

(a) 'the 2009 Act' means the Policing and Crime Act 200921; and

(b) 'the 2014 Act' means the Anti-Social Behaviour, Crime and Policing Act 2014.

Applications for an injunction

65.43

(1) An application for an injunction under Part 4 of the 2009 Act or Part 1 of the 2014 Act is subject to the Part 8 procedure as modified by this rule and Practice Direction 65.

(2) The application –

(a) must be made by a claim form in accordance with Practice Direction 65;

(b) may be made at any County Court hearing centre; and

(c) must be supported by a witness statement which must be filed with the claim form.

(2A) If the application—

(a) is on notice; and

(b) is made at a County Court hearing centre which does not serve the address where—

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

(ii) the claimant resides or carries on business,

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

(Practice Direction 65 makes further provision in respect of applications which are not made at the County Court hearing centre which serves the address where the defendant resides or the conduct complained of occurred.)

(3) The claim form must state–

(a) the matters required by rule 8.2; and

(b) the terms of the injunction applied for.

(4) An application under this rule may be made without notice and where such an application without notice is made–

(a1) the application may—

(i) be made at any County Court hearing centre;

(ii) be heard at the hearing centre where the application is made; and

(iii) at any stage of the proceedings, be transferred by the court to—

(aa) the hearing centre which serves the address where the defendant resides or where the conduct complained of occurred; or

(bb) another hearing centre as the court considers appropriate;

(a) the witness statement in support of the application must state the reasons why notice has not been given; and

(b) the following rules do not apply –

(i) 8.3;

(ii) 8.4;

(iii) 8.5(2) to (6);

(iv) 8.6(1);

(v) 8.7; and

(vi) 8.8.

(5) In every application made on notice, the application notice must be served, together with a copy of the witness statement, by the claimant on the defendant personally.

(6) An application made on notice may be listed for hearing before the expiry of the time for the defendant to file an acknowledgment of service under rule 8.3, and in such a case –

(a) the claimant must serve the application notice and witness statement on the defendant not less than 2 days before the hearing; and

(b) the defendant may take part in the hearing whether or not the defendant has filed an acknowledgment of service.

Injunction containing provisions to which a power of arrest is attached

65.44

(1) In this rule ‘relevant provision’ means a provision of an injunction to which a power of arrest is attached.

(Section 36(6) and (7) and section 40(3) and 41(4) of the 2009 Act and section 4(1)(a) and (b) and (2) of the 2014 Act confer powers to attach a power of arrest to an injunction.)

(2) Where an injunction contains one or more relevant provisions –

(a) each relevant provision must be set out in a separate paragraph of the injunction; and

(b) subject to paragraph (3), the claimant must deliver a copy of the relevant provisions to any police station for the area where the conduct occurred.

(3) Where the injunction has been granted without notice, the claimant must not deliver a copy of the relevant provisions to any police station for the area where the conduct occurred before the defendant has been served with the injunction containing the relevant provisions.

(4) Where an order is made varying or discharging any relevant provision, the claimant must –

(a) immediately inform the police station to which a copy of the relevant provisions was delivered under paragraph (2)(b); and

(b) deliver a copy of the order to any police station so informed.

Application to vary or discharge an injunction

65.45

(1) An application to vary or discharge an injunction under section 42(1)(b) of the 2009 Act or section 8(1)(a) and (b) of the 2014 Act must be made in accordance with Part 23.

(2) An application by the claimant to vary or discharge the injunction under section 42(1)(b) of the 2009 Act may be made without notice.

(3) If an application under this rule is made without giving notice, the application notice must state the reasons why notice has not been given.

Application for warrant of arrest under section 44(2) of the 2009 Act or section 10 of the 2014 Act

65.46

(1) An application for a warrant of arrest under section 44(2) of the 2009 Act or section 10 of the 2014 Act must be made in accordance with Part 23 and may be made without notice.

(2) An applicant for a warrant of arrest under section 44(2) of the 2009 Act or section 10 of the 2014 Act must –

(a) file an affidavit setting out grounds for the application with the application notice; or

(b) give oral evidence of the grounds for the application at the hearing.

(3) Where in accordance with sub-paragraph (2)(b), oral evidence is given, the applicant must produce a written record of that evidence which must be served on the person arrested at the time of the arrest.

Proceedings following arrest under the 2009 Act

65.47

(1) This rule applies where a person is arrested pursuant to –

(a) a power of arrest attached to a provision of an injunction; or

(b) a warrant of arrest.

(2) The judge before whom a person is brought following his arrest may –

(a) deal with the matter; or

(b) adjourn the proceedings.

(3) If proceedings under section 43 or 44 of the 2009 Act or section 9 or 10 of the 2014 Act 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.

(4) An application notice seeking the committal for contempt of court of the arrested person may be issued even if the arrested person is not dealt with within the period in subparagraph (3)(a).

(5) Sections 2 and 8 of Part 81 apply where an application is made in the County Court to commit a person for breach of an injunction as if references in those Sections to the judge include references to a district judge.

(For applications for the discharge of a person committed to prison for contempt of court see rules 81.31 and 81.32.)

Recognizance

65.48

(1) Where, in accordance with paragraph 2(2)(b) of Schedule 5 to the 2009 Act or paragraph 2(3)(b) of Schedule 1 to the 2014 Act, the court fixes the amount of any recognizance with a view to it being taken subsequently, the recognizance may be taken by –

(a) a judge;

(b) a justice of the peace;

(c) a justices’clerk;

(d) a police officer of the rank of inspector or above, or in charge of a police station; or

(e) where the arrested person is in custody, the governor or keeper of a prison,

with the same consequences as if it had been entered into before the court.

(2) The person having custody of an applicant for bail must release that person if satisfied that the required recognizances have been taken.

Applications for a power of arrest to be attached to any provision of an injunction

65.49

(1) An application under section 34 or 39 of the 2009 Act or section 5 or 6 of the 2014 Act which includes an application for a power of arrest to be attached to any provision of an injunction must be made in the proceedings seeking the injunction by –

(a) the claim form; or

(b) an application under Part 23.

(2) Every application must be supported by written evidence.

(3) Every application made on notice must be served personally, together with a copy of the written evidence, by the applicant on the person against whom the injunction is sought not less than 2 days before the hearing.

(Attention is drawn to rule 25.3(3) – applications without notice.)

Footnotes

  1. 1996 c.52. Back to text
  2. 2003 c.38. Back to text
  3. 1985 c.68. Back to text
  4. 1988 c.50. Back to text
  5. 1998 c.37. Back to text
  6. 1997 c.40. Back to text
  7. 2003 c. 38. Section 24 of the Police and Justice Act 2006 (c. 48) inserts sections 26A, 26B and 26C into the Anti-social Behaviour Act 2003. Back to text
  8. 1996 c.52. These sections were inserted by section 13 of the Anti-social Behaviour Act 2003. Back to text
  9. 1996 c.52. This section was amended by section 13 of the Anti-social Behaviour Act 2003. Back to text
  10. 2003 c.38. Back to text
  11. 2006 c. 48. Back to text
  12. 1972 c.70. Back to text
  13. 1996 c. 52. Back to text
  14. 1985 c.68. This section was inserted by section 14 of the Anti-social Behaviour Act 2003. Back to text
  15. 1988 c.50. This section was inserted by section 14 of the Anti-social Behaviour Act 2003. Back to text
  16. 1998 c.37. Sections 1(1A) and 1B were amended by section 85 of the Anti-social Behaviour Act 2003 (c.38). Back to text
  17. 1997 c.40. Back to text
  18. 2006 c. 38. Back to text
  19. 2009 c. 26. Back to text
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