The Magistrates' Courts (Injunctions: Gang-related Violence) Rules 2015
| Jurisdiction | UK Non-devolved |
2015No. 421 (L. 4)
MAGISTRATES' COURTS, ENGLAND AND WALES
The Magistrates' Courts (Injunctions: Gang-related Violence) Rules 2015
25thFebruary2015
3rdMarch2015
The Lord Chief Justice, with the concurrence of the Lord Chancellor, makes the following Rules in exercise of the powers conferred by section 144 of the Magistrates' Courts Act 1980( 1) and section 48(4) of the Policing and Crime Act 2009( 2).
Citation, commencement and interpretation
1.-(1) These Rules may be cited as the Magistrates' Courts (Injunctions: Gang-related Violence) Rules 2015.
(2) These Rules come into force on the day on which, and immediately after, section 18 of the Crime and Courts Act 2013( 3) comes into force.
(3) In these Rules-
(a) "the 2009 Act" means the Policing and Crime Act 2009;(b) a reference to a section or Schedule by number alone means the section or Schedule so numbered in the 2009 Act;(c) "applicant" means the person applying or who applied for the injunction, and "respondent" means the person against whom the injunction is or was applied for;(d) "defaulter" and "injunction applicant" have the meaning given in paragraph 1(9) of Schedule 5A to the 2009 Act;(e) "injunction" means an injunction under section 34 of the 2009 Act.Applications to be by complaint
2. An application to which these rules apply must be made by way of complaint in writing.
Applications for injunctions
3.-(1) An application to a youth court for an injunction must-
(a) state the name, address and date of birth of the respondent;(b) state the name and address of a parent or guardian of the respondent;(c) be supported by evidence of the matters of which the court must be satisfied for the first and second conditions under section 34 to be met;(d) state the terms of the injunction applied for; and(e) in the case of an application made on notice, include a statement that the consultation requirement has been complied with.(2) If an application without notice is made by virtue of section 39, the application must also state the reasons why it is necessary for the application to be made without notice having been given.
(3) In the case of an application made on notice, a copy of the application must be served by the applicant on-
(a) the respondent personally; and(b) the parent or guardian mentioned in paragraph (2)(b) personally, or by posting it to or leaving it at that parent or guardian's address.Interim injunctions
4. An interim injunction which is made on an application made without notice-
(a) must be served on the respondent personally as soon as practicable; and(b) will not take effect until it has been so served.Injunction containing provisions to which a power of arrest is attached
5.-(1) In this rule, "relevant provision" means a provision of an injunction to which a power of arrest is attached.
(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 applicant 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 under section 41, the applicant must not deliver a copy of the relevant provisions to any police station under paragraph (2)(b) before the injunction containing the relevant provisions has been served on the respondent.
(4) Where an order is made varying or discharging any relevant provision, the applicant must-
(a) immediately inform any 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
6.-(1) An application under section 42(1)(b) to vary or discharge an injunction must be made to either-
(a) the court which made the injunction; or(b) any youth court for the local justice area in which the respondent currently resides.(2) Such an application must specify-
(a) the reason why the person applying for variation or discharge believes the court should vary or discharge the injunction; and(b) if the application is to vary the injunction, the variation which is sought.Application for warrant of arrest
7.-(1) An application for a warrant of arrest under section 44(2) must be substantiated on oath.
(2) Such an application may be made without notice.
Proceedings following arrest under the 2009 Act
8.-(1) This rule applies where a person under the age of 18 is arrested pursuant to-
(a) a power of arrest attached to a provision of an injunction; or(b) a warrant of arrest.(2) A youth court...
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