PRACTICE DIRECTION 65 – ANTI-SOCIAL BEHAVIOUR AND HARASSMENT

This practice direction supplements CPR Part 65

Contents of this Practice Direction
Title Number
SECTION I – HOUSING ACT 1996, POLICING AND CRIME ACT 2009 INJUNCTIONS, AND ANTI-SOCIAL BEHAVIOUR, CRIME AND POLICING ACT 2014  
Issuing the claim Para. 1.1

Proceedings transferred from youth court, or breach of injunction made by
youth court

Para. 1A.1
Hearings – Part 4 of the 2009 Act
Para. 1.2
Warrant of arrest on an application under section 155(3) of the 1996 Act, section 44(2) of the 2009 Act and section 10 of the 2014 Act Para. 2.1
Application for bail Para. 3.1
Remand for medical examination and report Para. 4.1
SECTION II – APPLICATIONS BY LOCAL AUTHORITIES FOR POWER OF ARREST TO BE ATTACHED TO AN INJUNCTION  
Application for bail under the 2006 Act Para. 4A.1
Remand for medical examination and report Para. 4A.2
SECTION III – DEMOTION OR SUSPENSION CLAIMS  
Demotion claims made in the alternative to possession claims Para. 
Suspension claims made in the alternative to possession claims Para. 5A.1
Other demotion or suspension claims Para. 6.1
Particulars of claim Para. 7.1
Hearing date Para. 8.1
The hearing Para. 9.1
SECTION III – PROCEEDINGS RELATING TO DEMOTED TENANCIES  
Proceedings for the possession of a demoted tenancy Para. 10.1
Proceedings in relation to a written statement of demoted tenancy terms Para. 11.1
Recovery of costs Para. 12.1
SECTION IV – ANTI-SOCIAL BEHAVIOUR ORDERS UNDER THE CRIME AND DISORDER ACT 1998  
Service of an order under sections 1B(4) or 1D of the 1998 Act Para. 13.1
Application to join a person to the principal proceedings Para. 13.2
SECTION V – PROCEEDINGS UNDER THE PROTECTION FROM HARASSMENT ACT 1997  
Starting the claim Para. A14.1
Warrant of arrest on application under section 3(3) of the 1997 Act Para. 14.1
SECTION VI – DRINKING BANNING ORDERS UNDER THE VIOLENT CRIME REDUCTION ACT 2006  
Service of an order under section 4(7) or 9 of the 2006 Act Para. 15.1
Application to join a person to the principal proceedings Para. 15.2
SECTION VII – PARENTING ORDERS UNDER THE ANTI-SOCIAL BEHAVIOUR ACT 2003  
Applications for parenting orders Para. 16.1

SECTION I – HOUSING ACT 1996, POLICING AND CRIME ACT 2009 INJUNCTIONS AND ANTI-SOCIAL BEHAVIOUR, CRIME AND POLICING ACT 2014

Issuing the claim

1.1

(1) An application for an injunction under Chapter III of Part V of the 1996 Act, Part 4 of the 2009 Act or Part 1 of the 2014 Act must be made by form N16A and for the purposes of applying Practice Direction 8A to applications under Section I or Section VIII of Part 65, form N16A shall be treated as the Part 8 claim form.

(2) An application on notice under rules 65.3 or 65.43 will be issued by the County Court hearing centre where the claim is made but will then be sent to the County Court hearing centre which serves the address where the defendant resides or the conduct complained of occurred. An applicant should consider the potential delay which may result if an application is not made at the appropriate County Court hearing centre in the first instance.

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Proceedings transferred from youth court, or breach of injunction made by youth court

1A.1  Where proceedings under Part 4 of the 2009 Act or Part 1 of the 2014 Act which were commenced in a youth court have been transferred to the High Court or County Court after the respondent attained the age of 18, anything done in the youth court in or in relation to those proceedings will have effect, for the purposes of continuing the proceedings in the High Court or County Court, as if it had been done in the High Court or County Court as the case may be.

1A.2  Proceedings transferred to the County Court will be sent to the County Court hearing centre which serves the address where the respondent resides.

1A.3  Where a person aged 18 or over is brought before a judge following arrest for a breach of an injunction granted by a youth court (whether pursuant to a power of arrest attached to the injunction or to a warrant issued for that person’s arrest under section 44 of the 2009 Act or section 10 of the 2014 Act), it is the responsibility of the injunction applicant (within the meaning of paragraph 1(9) of Schedule 5A to the 2009 Act) or original applicant (within the meaning of paragraph 1(2) of Schedule 2 to the 2014 Act) to provide the judge with the information necessary to determine whether to deal with the matter or adjourn the proceedings under rule 65.47.

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Hearings – Part 4 of the 2009 Act

1.2  Unless the court otherwise orders, an application on notice for an injunction under Part 4 of the 2009 Act under rule 65.43 or any other hearing in relation to such an injunction requiring the respondent’s attendance must be heard at one of the following County Court hearing centres—

(a) Birmingham
(b) Bradford
(c) Brighton
(d) Bristol
(e) Cardiff
(f) Chelmsford
(g) Croydon
(h) Hammersmith (formerly known as West London)
(i) Leicester
(j) Liverpool
(k) Luton
(l) Manchester
(m) Newcastle
(n) Norwich
(o) Nottingham
(p) Oxford
(q) Peterborough
(r) Portsmouth
(s) Preston
(t) Sheffield.

(Attention is drawn to the statutory guidance on listing for hearings. These hearings will take place in courts which have been identified as having suitable facilities if special measures are needed for potential witnesses or security.)

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Warrant of arrest on an application under section 155(3) of the 1996 Act,  section 44(2) of the 2009 Act and section 10 of the 2014 Act

2.1  In accordance with section 155(4) of the 1996 Act, section 44(3) of the 2009 Act and section 10(3) of the 2014 Act, a warrant of arrest on an application under section 155(3) of the 1996 Act, section 44(2) of the 2009 Act or section 10 of the 2014 Act shall not be issued unless –

(1) the application is substantiated on oath; and

(2) in any proceedings under the 1996 Act or the 2014 Act the judge has reasonable grounds for believing that the defendant has failed to comply with the injunction.

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Application for bail

3.1  An application for bail by a person arrested under –

(1) a power of arrest attached to an injunction under Chapter III of Part V of the 1996 Act, Part 4 of the 2009 Act or Part 1 of the 2014 Act; or

(2) a warrant of arrest issued on an application under section 155(3) of the 1996 Act, Part 4 of the 2009 Act or Part 1 of the 2014 Act,

may be made either orally or in an application notice.

3.2  An application notice seeking bail must contain –

(1) the full name of the person making the application;

(2) the address of the place where the person making the application is detained at the time when the application is made;

(3) the address where the person making the application would reside if that person were to be granted bail;

(4) the amount of the recognizance in which that person would agree to be bound; and

(5) the grounds on which the application is made and, where previous application has been refused, full details of any change in circumstances which has occurred since that refusal.

3.3  A copy of the application notice must be served on the person who obtained the injunction.

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Remand for medical examination and report

4.1  Section 156(4) of the 1996 Act, section 45(5) of the 2009 Act and Paragraph 6 of Schedule 1 to the 2014 Act provides that the judge has power to make an order under section 35 of the Mental Health Act 1983 in certain circumstances. If he does so attention is drawn to section 35(8) of that Act, which provides that a person remanded to hospital under that section may obtain at his own expense an independent report on his mental condition from a registered medical practitioner chosen by him and apply to the court on the basis of it for his remand to be terminated under section 35(7).

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

Application for bail under the 2006 Act

4A.1  The following paragraphs of Section I of this practice direction apply in relation to an application for bail by a person arrested under a power of arrest attached to an injunction under section 27 of the 2006 Act –

(1) paragraph 3.1(1), as if a reference to Chapter III of Part V of the Housing Act 1996 was a reference to section 27 of the 2006 Act;

(2) paragraph 3.2; and

(3) paragraph 3.3.

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Remand for medical examination and report

4A.2  Paragraph 4.1 of Section I of this practice direction applies in relation to section 27 of the 2006 Act, as if a reference in paragraph 4.1 to section 156(4) of the Housing Act 1996 was a reference to section 27(11) of the 2006 Act.

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SECTION III – DEMOTION OR SUSPENSION CLAIMS

Demotion claims made in the alternative to possession claims

(Suspension claims may be made in England, but may not be made in Wales).

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5.1  If the claim relates to residential property let on a tenancy and if the claim includes a demotion claim, the particulars of claim must –

(1) state whether the demotion claim is a claim under section 82A(2) of the 1985 Act or under section 6A(2) of the 1988 Act;

(2) state whether the claimant is a local housing authority, a housing action trust, a registered social landlord or a private registered provider of social housing;

(3) provide details of any statement of express terms of the tenancy served on the tenant under section 82A(7) of the 1985 Act or under section 6A(10) of the 1988 Act, as applicable; and

(4) state details of the conduct alleged.

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Suspension claims made in the alternative to possession claims

5A.1  If the claim relates to a residential property let on a tenancy and if the claim includes a suspension claim, the particulars of claim must –

(1) state that the suspension claim is a claim under section 121A of the 1985 Act;

(2) state which of the bodies the claimant's interest belongs to in order to comply with the landlord condition under section 80 of the 1985 Act;

(3) state details of the conduct alleged; and

(4) explain why it is reasonable to make the suspension order, having regard in particular to the factors set out in section 121A(4) of the 1985 Act.

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Other demotion or suspension claims

6.1 

(1) A demotion or suspension claim, other than one made in the alternative to a possession claim, may be made in any County Court hearing centre.

(2) A claim will be issued at the County Court hearing centre where it is made and will then be sent to the County Court hearing centre which serves the address where the property is situated. An applicant should consider the potential delay which may result if an application is not made at the appropriate County Court hearing centre in the first instance.

6.2  The claimant must use the appropriate claim form and particulars of claim form set out in Table 1 to Practice Direction 4. The defence must be in form N11D as appropriate.

6.3  The claimant’s evidence should include details of the conduct alleged, and any other matters relied upon.

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Particulars of claim

7.1  In a demotion claim the particulars of claim must –

(1) state whether the demotion claim in a claim under section 82A(2) of the 1985 Act or under section 6A(2) of the 1988 Act;

(2) state whether the claimant is a local housing authority, a housing action trust, a registered social landlord or a private registered provider of social housing;

(3) identify the property to which the claim relates;

(4) provide the following details about the tenancy to which the demotion claim relates –

(a) the parties to the tenancy;

(b) the period of the tenancy;

(c) the amount of the rent;

(d) the dates on which the rent is payable; and

(e) any statement of express terms of the tenancy served on the tenant under section 82A(7) of the 1985 Act or under section 6A(10) of the 1988 Act, as applicable; and

(5) state details of the conduct alleged.

7.2  In a suspension claim, the particulars of claim must –

(1) state that the suspension claim is a claim under section 121A of the 1985 Act;

(2) state which of the bodies the claimant's interest belongs to in order to comply with the landlord condition under section 80 of the 1985 Act;

(3) identify the property to which the claim relates;

(4) state details of the conduct alleged; and

(5) explain why it is reasonable to make the order, having regard in particular to the factors set out in section 121A(4) of the 1985 Act.

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Hearing date

8.1  The court may use its powers under rules 3.1(2)(a) and (b) to shorten the time periods set out in rules 65.16(2), (3) and (4).

8.2  Particular consideration should be given to the exercise of this power if –

(1) the defendant, or a person for whom the defendant is responsible, has assaulted or threatened to assault –

(a) the claimant;

(b) a member of the claimant’s staff; or

(c) another resident in the locality;

(2) there are reasonable grounds for fearing such an assault; or

(3) the defendant, or a person for whom the defendant is responsible, has caused serious damage or threatened to cause serious damage to the property or to the home or property of another resident in the locality.

8.3  Where paragraph 8.2 applies but the case cannot be determined at the first hearing fixed under rule 65.16, the court will consider what steps are needed to finally determine the case as quickly as reasonably practicable.

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The hearing

9.1  Attention is drawn to rule 65.18(3). Each party should wherever possible include all the evidence he wishes to present in his statement of case, verified by a statement of truth.

9.2  The claimant’s evidence should include details of the conduct to which section 153A or 153B of the 1996 Act applies and in respect of which the claim is made.

9.3  If –

(1) the maker of a witness statement does not attend a hearing; and

(2) the other party disputes material evidence contained in the statement,

the court will normally adjourn the hearing so that oral evidence can be given.

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SECTION III – PROCEEDINGS RELATING TO DEMOTED TENANCIES

Proceedings for the possession of a demoted tenancy

10.1  Proceedings against a tenant of a demoted tenancy for possession must be brought under the procedure in Part 55 (Possession Claims).

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Proceedings in relation to a written statement of demoted tenancy terms

11.1  Proceedings as to whether a statement supplied in pursuance to section 143M(4)(b) of the 1996 Act (written statement of certain terms of tenancy) is accurate must be brought under the procedure in Part 8.

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Recovery of costs

12.1  Attention is drawn to section 143N(4) of the 1996 Act which provides that if a person takes proceedings under Chapter 1A of the 1996 Act in the High Court which he could have taken in the county court, he is not entitled to recover any costs.

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

Service of an order under sections 1B(4) or 1D of the 1998 Act

13.1  An order under section 1B(4) or an interim order under section 1D of the 1998 Act must be served personally on the defendant.

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Application to join a person to the principal proceedings

13.2  An application by a relevant authority under section 1B(3B) of the 1998 Act to join a person to the principal proceedings may only be made against a person aged 18 or over.

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SECTION V – PROCEEDINGS UNDER THE PROTECTION FROM HARASSMENT ACT 1997

Starting the claim

A14.1  In the County Court, a claim under rule 65.28 will be issued in the County Court hearing centre where the claim is commenced and then sent to County Court hearing centre which serves the address where either the defendant or the claimant resides or carries on business. A claimant should consider the potential delay which may result if the claim is not commenced at the appropriate County Court hearing centre in the first instance.

Warrant of arrest on application under section 3(3) of the 1997 Act

14.1  In accordance with section 3(5) of the 1997 Act, a warrant of arrest on an application under section 3(3) of that Act may only be issued if –

(1) the application is substantiated on oath; and

(2) the judge has reasonable grounds for believing that the defendant has done anything which he is prohibited from doing by the injunction.

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SECTION VI – DRINKING BANNING ORDERS UNDER THE VIOLENT CRIME REDUCTION ACT 2006

Service of an order under section 4(7) or 9 of the 2006 Act

15.1  An order under section 4(7) or an interim order under section 9 of the 2006 Act must be served personally on the defendant.

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Application to join a person to the principal proceedings

15.2  An application by a relevant authority under section 4(5) of the 2006 Act to join a person to the principal proceedings may only be made against a person aged 18 or over.

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SECTION VII – PARENTING ORDERS UNDER THE ANTI-SOCIAL BEHAVIOUR ACT 2003

Applications for parenting orders

16.1  Where the applicant is a registered social landlord or a private registered provider of social housing, the application must be supported by evidence that the relevant local authority has been consulted in accordance with section 26B(8) of the 2003 Act.

16.2  An order under section 26A or 26B of the 2003 Act must be served personally on the defendant.

16.3  An application by a relevant authority under section 26C(3) of the 2003 Act to join a person to the proceedings may only be made against a person aged 18 or over.

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