The Magistrates' Courts (Injunctions: Anti-Social Behaviour) Rules 2015

JurisdictionUK Non-devolved
CitationSI 2015/423

2015No. 423 (L. 5)

MAGISTRATES' COURTS, ENGLAND AND WALES

The Magistrates' Courts (Injunctions: Anti-Social Behaviour) 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 18(2) and (3) of the Anti-Social Behaviour, Crime and Policing Act 2014( 2).

Citation, commencement and interpretation

1.-(1) These Rules may be cited as the Magistrates' Courts (Injunctions: Anti-Social Behaviour) Rules 2015.

(2) These Rules come into force on the day on which, and immediately after, section 1 of the 2014 Act comes into force.

(3) In these Rules-

(a) "the 2014 Act" means the Anti-Social Behaviour, Crime and Policing Act 2014;(b) a reference to a section or Schedule by number alone means the section or Schedule so numbered in the 2014 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" has the meaning given in paragraph 2 of Schedule 2 to the 2014 Act;(e) "original applicant" has the meaning given in paragraph 1(2) of Schedule 2 to the 2014 Act;(f) "Part 1 injunction" means an injunction under Part 1 of the 2014 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 a Part 1 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 (except where the respondent is aged 18 or over, permission having been given by the court in relation to that respondent under rule 15);(c) be supported by evidence of the matters of which the court must be satisfied for the first and second conditions under section 1 to be met;(d) state the terms of the Part 1 injunction applied for; and(e) in the case of an application made on notice, include a statement that the requirement for consultation in section 14(1) has been complied with.

(2) If an application without notice is made by virtue of section 6, 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 Part 1 injunctions

4. An interim Part 1 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.

Part 1 injunction containing provisions to which a power of arrest is attached

5.-(1) In this rule, "relevant provision" means a provision of a Part 1 injunction to which a power of arrest is attached.

(2) Where a Part 1 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 Part 1 injunction has been granted without notice under section 41, the applicant must not deliver a copy of the relevant provisions to any police...

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