This practice direction supplements FPR Part 36 (Transitional Arrangements and Pilot Schemes)

Scope and interpretation

1.1       This Practice Direction is made under rule 36.2 FPR and sets up a Pilot Scheme to allow for emails to be sent to the police notifying them when a notifiable order has been made or when a notifiable order has been served or the respondent has been otherwise informed of its terms.

1.2 This Practice Direction comes into force on 28 February 2022.

1.3 This Pilot Scheme applies where all of the following conditions are met-

(a) there is a notifiable order made by a court sitting at a location specified in paragraph 1.4; and

(c) that notifiable orderwas made in the period commencing on 28 February 2022 and ending at the end of the day on 28 February 2025.

1.4 The specified locations are the family court or the High Court District Registry sitting at-

(a) York;

(b) Harrogate;

(c) Scarborough;

(d) Skipton.

1.5 In this Practice Direction, “notifiable order” means-

(a) a non-molestation order;

(b) an occupation order to which a power of arrest has been attached pursuant to section 47(2) or (3) of the 1996 Act; or

(c) an order varying, discharging or extending an order of a type mentioned in sub-paragraph (a) or (b).

Purpose of this Pilot Scheme

2.1       The purpose of this Pilot Scheme is to assess the use of new practices and procedures to allow for-

(a) the court to email notifiable orders to the police;

(b) the applicant or the court to email to the police a statement of service to confirm that a notifiable order has been served, or that the respondent to whom the order applies has been informed of order’s terms.

Modification of the FPR and Practice Directions, and application of this Practice Direction, during the operation of the Pilot Scheme

3.1       During the operation of the Pilot Scheme, where the Pilot Scheme applies, the FPR and the Practice Directions supporting the FPR will apply-

(a) subject to the provisions of this Practice Direction; and

(b) as modified by paragraphs 4.1 and 4.2.

Modification of Part 10 FPR

4.1       In rule 10.1-

(a) the current wording shall form paragraph (1); and

(b) after paragraph (1) insert-

“(2)      In this Part, in cases to which the Pilot Scheme in Practice Direction 36ZA applies, “notifiable order” has the meaning given in paragraph 1.5 of that Practice Direction.”.

4.2 For rule 10.10 substitute—

“Notifying the police by email when a notifiable order is made

10.10 (1) Where the court makes a notifiable order, notification must be given to the police force for the address of-

(a) the applicant; and

(b) if the court so directs, the respondent,

by the court officer emailing a copy of the order to the email address for that police force.

(2) Paragraph (1) only applies where the address of the applicant for notifiable order, or of the respondent to the application for that order (as the case may be), is in-

(a) the North Yorkshire Police Area.

(3) The email referred to in paragraph (1) must be sent-

(a) in the case of the North Yorkshire Police area-

(i) where the sender has access to the cjsm network, to PNCBureau@northyorkshire.police.uk.cjsm.net; or

(ii) where the sender does not have access to the cjsm network, to PNCBureau@northyorkshire.police.uk.

(4) The email referred to in paragraph (1) must be sent within 1 day of whichever is the earliest of-

(a) the order being sealed; or

(b) the order being approved by the judge, where the order states that it has effect despite not bearing the seal of the court.

Notifying the police by email when an order is served or the respondent is informed of its terms

10.10A (1) Subject to paragraph (2), paragraph (3) applies when the respondent has been-

(a) served with a notifiable order; or

(b) informed (whether by being present when the order was made or by telephone or otherwise) of the terms of a notifiable order.

(2) Paragraph (3) does not apply where the order states that the court has dispensed for the need for service of the order, because the court is satisfied that the respondent is aware of the terms of the order without the need for such service to be effected.

(3) A statement of service showing that the respondent has been served with, or has been informed of the terms of, the notifiable order must be sent by email to the police force to which the order was sent, in accordance with rule 10.10(3).

(4) The email referred to in paragraph (3) must be sent by-

(a) the applicant, where rule 10.6(1) applies; or

(b) the court officer, where rule 10.6(2) applies.

(5) Where paragraph (4)(a) applies-

(a) the email referred to in paragraph (3) must be sent within 2 days of the respondent being served with, or informed of the terms of, the notifiable order; and

(b) the applicant must also send the statement of service by email to the court.

(5) Where paragraph (4)(b) applies, the email referred to in paragraph (3) must be sent within 1 day of receipt by the court officer of confirmation of service, or of the person having been informed of the terms of the order, from the court bailiff.