Protecting Citizens and the Community: Injunctions

Question 1

What can be used to prevent gang-related violence and drug dealing activity?

Answer 1

Policing and Crime Act 2009 provides courts with the power to grant injunctions to prevent ang-related violence and drug dealing activity

Question 2

What is s34 of the 2009 Act?

Answer 2

(1) A court may grant an injunction under this section against a respondent aged 14 or over if the first and second conditions are met.
(2) The first condition is that the court is satisfied on the balance of probabilities that the respondent has engaged in or has encouraged or assisted—
(a) gang-related violence, or
(b) gang-related drug-dealing activity.
(3) The second condition is that the court thinks it is necessary to grant the injunction for either or both of the following purposes—
(a) to prevent the respondent from engaging in, or encouraging or assisting, gang-related violence or gang-related drug-dealing activity;
(b) to protect the respondent from gang-related violence or gang-related drug-dealing activity

Question 3

What does the injunction prohibit/require? s34

Answer 3

(4) An injunction under this section may (for either or both of those purposes)—
(a) prohibit the respondent from doing anything described in the injunction;
(b) require the respondent to do anything described in the injunction

Question 4

What does ‘gang-related’ mean? s34

Answer 4

(5) For the purposes of this section, something is ‘gang-related’ if it occurs in the course of, or is otherwise related to, the activities of a group that—
(a) consists of at least three people, and
(b) has one or more characteristics that enable its members to be identified by others as a group

Question 5

What does ‘violence’ include? s34

Answer 5

(6) In this section ‘violence’ includes a threat of violence

Question 6

What does ‘drug-dealing activity’ mean? s34

Answer 6

(7) In this Part ‘drug-dealing activity’ means—
(a) the unlawful production, supply, importation or exportation of a controlled drug, or
(b) the unlawful production, supply, importation or exportation of a psychoactive substance

Question 7

What is the purpose of these injunctions?

Answer 7

These injunctions are a civil tool allowing the police or local authority to apply to the High Court, a county court or, in the case of juveniles, a youth court (sitting in a civil capacity), for an injunction against an individual who has been involved in gang-related violence or drug dealing activity. A range of prohibitions and requirements on the behaviour and activities of a person can be included in an injunction, such as prohibiting someone from being in a particular place or requiring them to participate in rehabilitative activities (s. 35)

Question 8

What additional powers can the court attach to the injunctions?

Answer 8

The court may attach a power of arrest in relation to (a) any prohibition in the injunction, or (b) any requirement in the injunction other than one which has the effect of requiring the respondent to participate in particular activities (s. 36). Where a power of arrest is attached to a provision, a constable may arrest without warrant a person whom the constable has reasonable cause to suspect to be in breach of the provision. The constable must inform the person who applied for the injunction of the arrest, and the person arrested must be brought before a judge of the court that granted the injunction within 24 hours of the arrest (s. 43)

Question 9

What other Act allows for injunctions to be granted?

Answer 9

Anti-social Behaviour, Crime and Policing Act 2014

Question 10

Who grants civil injunctions for dealing with anti-social behaviour?

Answer 10

An application for a civil injunction for dealing with anti-social behaviour must be made to a youth court where the respondent is under 18 years of age or to the High Court or county court in any other case (s. 1(8)(a) and (b))

Question 11

Who can submit an application?

Answer 11

Such an application can only be made by the police, the local authority and other specified bodies (s. 5(1)).

Question 12

Can injunctions be made against persons aged 18 or over?

Answer 12

A youth court may give permission for an application for an injunction against a person aged 18 or over to be made to the youth court if an application to the youth court has been made, or is to be made, for an injunction against a person aged under 18, and the youth court thinks that it would be in the interests of justice for the applications to be heard together (s. 18(2))

Question 13

What is the application procedure?

Answer 13

A written application must be made to the court by way of complaint and be supported by evidence of the matters of which the court must be satisfied under s1 of the Act and state the terms of the injunction applied for

Question 14

What does s1 ASB, C and P Act 2014 s1 introduce?

Answer 14

Provides a regime of injunctions for dealing with ASB and states:
(1) A court may grant an injunction under this section against a person aged 10 or over (‘the respondent’) if two conditions are met.
(2) The first condition is that the court is satisfied, on the balance of probabilities, that the respondent has engaged or threatens to engage in anti-social behaviour.
(3) The second condition is that the court considers it just and convenient to grant the injunction for the purpose of preventing the respondent from engaging in anti-social behaviour

Question 15

What must injunctions avoid interfering with?

Answer 15

(5) Prohibitions and requirements in an injunction under this section must, so far as practicable, be such as to avoid—
(a) any interference with the times, if any, at which the respondent normally works or attends school or any other educational establishment;
(b) any conflict with the requirements of any other court order or injunction to which the respondent may be subject

Question 16

What must an injunction specify with regards to time? s1 ASB, C and P Act 2014

Answer 16

(6) An injunction under this section must—
(a) specify the period for which it has effect, or
(b) state that it has effect until further order.
In the case of an injunction granted before the respondent has reached the age of 18, a period must be specified and it must be no more than 12 months
(7) An injunction under this section may specify periods for which particular prohibitions or requirements have effect.

Question 17

Before making an application for an injunction in the youth court, what must people do?

Answer 17

Before making an application for an injunction in the youth court there is a formal requirement for the applicant to consult with the local youth offending team and to inform any other body or individual considered appropriate (s. 14). This could include a social landlord (when an application is made by another body against one of its tenants) or a mental health team

Question 18

What is the definition of Anti-social Behaviour?

Answer 18

Defined by s2 of the Act which states:
(1) In this Part ‘anti-social behaviour’ means—
(a) conduct that has caused, or is likely to cause, harassment, alarm or distress to any person,
(b) conduct capable of causing nuisance or annoyance to a person in relation to that person’s occupation of residential premises, or
(c) conduct capable of causing housing-related nuisance or annoyance to any person

Question 19

Case- what does ‘likely to cause’ mean

Answer 19

(R (On the Application of Gosport Borough Council v Fareham Magistrates’ Court [2006] EWHC 3047 (Admin))- In relation to ‘likely to cause’ (s. 2(1)(a)), it was held that the prosecution was not required to prove that the offending behaviour was actually witnessed but that it took place in circumstances where it was likely to be witnessed and likely, if witnessed, to cause harassment, alarm or distress

Question 20

Case- what does ‘likely’ mean?

Answer 20

‘Likely’ means more probable than not (Chief Constable of Lancashire v Potter [2003] EWHC 2272 (Admin))

Question 21

Case- can an injunction be granted for protests?

Answer 21

Birmingham City Council v Afsar [2019] EWHC 1560 (QB)- court held that an injunction could be granted for protests thereby prohibiting anti-social utterances and assemblies where it was shown to be necessary and proportionate

Question 22

What is the importance of prohibitions or requirements?

Answer 22

The injunction could include prohibitions or requirements that assist in the prevention of future anti-social behaviour (s1(3)). Such prohibitions may include, for example, not entering a particular area. Requirements would be designed to deal with the underlying causes of an individual’s ASB and could include, for example, attendance at an alcohol or drugs misuse course

Question 23

Does an injunction need to impose requirements on the respondent?

Answer 23

Where an injunction imposes requirements on the respondent, it must specify the person (an individual or an organisation) who is responsible for supervising compliance (s3). The court must receive evidence on the suitability and enforceability of a requirement from this person. Such individuals or organisations could include the local authority and youth offending teams

Question 24

What are the time limits for injunctions?

Answer 24

There is no minimum or maximum term for the injunction for adults, so the court may decide that the injunction should be for a specified period or an indefinite period. However, in the case of injunctions against under-18s, the maximum term is 12 months (s1(6)). The duration of any prohibitions or requirements may be shorter than the duration of the injunction itself

Question 25

What is the law on powers of arrest and injunctions?

Answer 25

s4 provides officers with a power of arrest in certain circumstances:
(1) A court granting an injunction under s1 may attach a power of arrest to a prohibition or requirement of the injunction if the court thinks that—
(a) the ASB in which the respondent has engaged or threatens to engage consists of or includes the use or threatened use of violence against other persons, or
(b) there is a significant risk of harm to other persons from the respondent.
‘Requirement’ here does not include one that has the effect of requiring the respondent to participate in particular activities.
(2) If the court attaches a power of arrest, the injunction may specify a period for which the power is to have effect which is shorter than that of the prohibition or requirement to which it relates

Question 26

What does a power of arrest allow police to do?

Answer 26

A power of arrest attached to an injunction allows a police officer to arrest the respondent without a warrant if the respondent breached a condition in the injunction, that is, a prohibition or a requirement (s. 9). Where no power of arrest is attached to the injunction, the applicant may apply to the court to issue a warrant of arrest of a respondent if the applicant thinks that the respondent has breached the injunction (s. 10).

Question 27

Can a person be arrested for breach of an injunction?

Answer 27

Section 11 and sch 1 make provision for the remand, whether on bail or in custody, of a person arrested for breach of an injunction

Question 28

What happens if an injunction is breached?

Answer 28

A respondent who breaches the terms of a civil injunction does not commit a criminal offence.
Breach of an injunction by an adult will be contempt of court, punishable in the usual way by the county court by a term of imprisonment of up to two years or an unlimited fine.
Someone aged under 18 breaching an injunction could result in the youth court imposing a supervision order or a detention order (sch 2 to the Act).