Protecting Citizens and the Community - Injunctions Flashcards
Injunctions To Prevent
Gang Related Violence
& Drug Dealing Activity
Section 34 Policing & Crime Act 2009
Who Can Apply For A
Civil Injunction?
3 applicants
Applicant 1
Chief Officer of Police
for a
force area.
Applicant 2
Chief Constable
of
British Transport Police.
Applicant 3
Local Authority.
Where Can The
Application For A Civil
Injunction Be Lodged?
3 venues
Venue 1
County Court
Venue 2
High Court
Venue 3
Youth court
(for juveniles)
Who Can The
Application For The
Injunction Be Lodged
Against?
The application for an injunction can be
lodged against a person who has been
involved in either:
*Gang related violence; or
*Gang related drug dealing activity.
The Aim Of The
Injunction?
2 aims
Aim 1 — Prevention
TO prevent the respondent from:
* Engaging in;
* Encouraging, or
* Assisting
.either:
* Gang related violence; or
* Gang related drug dealing activity
Aim 2 - Protection
To protect the respondent from:
* Gang related violence; or
* Gang related drug dealing activity.
Definition Of Gang
Related?
Section 34(5) Policing & Crime Act 2009
Something is gang related if either:
* It occurs in the course of; or
* It is otherwise related to
.the activities of a group - that both:
* Consists of at least 3 people; and
* Has one or more characteristics that enable its members to
be identified by others as a group.
Definition Of
Violence?
Section 34(6) Policing & Crime Act 2009
The definition of violence includes either:
*Violence; or
*Threat of violence.
Definition Of Drug
Dealing Activity?
Section 34(7) Policing & Crime Act 2009
2 activities
Activity 1
The unlawful
production, supply,
importation or exportation
of a
controlled drug.
Activity 2
The unlawful
production, supply,
importation or exportation
of a
psychoactive substance.
Grounds For Granting
An Injunction?
Section 34(1)-(3) Policing & Crime Act 2009
A court may
grant an injunction
against a person
aged 14 or over
-if both of the following
steps are satisfied.
Step 1 — Participation
The court is satisfied on the balance of probabilities (i.e. 50/50)
that the respondent has either:
* Engaged in;
* Encouraged; or
* Assisted;
.either.
* Gang related violence; or
* Gang related drug dealing activity.
Step 2 - Necessity
* The court thinks that it is necessary to grant the
injunction for either or both of the following purposes:
* To prevent the respondent from engaging in,
encouraging, or assisting gang related violence or gang
related drug dealing activity; or
* Protect the respondent from gang related violence or
gang related drug dealing activity.
The Scope Of The
Injunction?
Section 34(4) Policing & Crime Act 2009
2 scopes
Scope 1 — Prohibit
Prohibit
the respondent
from doing anything specified
in the injunction.
(e.g. banned from a particular place)
Scope 2 — Requirement
Require
the respondent
to do anything specified
in the injunction.
(e.g. participate in rehabilitative activities)
Attaching A Power
Of Arrest To An
Injunction
The court may attach
a power of arrest
to the terms of an injunction
(except for any activity requirement)
The power of arrest
may last for a shorter period
than the prohibition or requirement
that it relates to.
Exercising A Power Of
Arrest Attached To An
Injunction
Section 43 Policing & Crime Act 2009
Where a constable
has reasonable cause to suspect
that a person
is in breach of a provision
within the injunction
to which a power of arrest is attached
— they shall carry out 3 actions.
Action 1
Arrest
the person
without warrant.
Action 2
Inform
the party
who applied for the injunction
of the arrest.
Action 3
Bring the person arrested
before a judge
within 24 hours of arrest.
Definition Of Anti-
social Behaviour?
Section 2(1) Anti-social Behaviour Crime & Policing Act
2014
3 categories
Category 1
Conduct that has either:
* Caused; or
* Is likely to cause
.either:
. Harassment;
* Alarm; or
* Distress;
..to any person.
Category 2
Conduct capable of causing either:
* Nuisance; or
* Annoyance;
.to a person in relation to that person’s occupation of
residential premises.
Category 3
Conduct capable of causing housing related:
. Nuisance; or
* Annoyance;
..to any person.
Injunctions
Section 1
Anti-social Behaviour Crime & Policing Act 2014
What Court Can Issue An
Injunction?
* Persons aged 18 or over - County Court
* Persons aged under 18 - Youth Court
Who Can An Injunction Be
Imposed Upon?
Persons aged 10 or over
Definition Of Anti-
social Behaviour?
Section 2(1) Anti-social Behaviour Crime & Policing Act
2014
3 categories
Condition 1
The court is satisfied on the balance of probabilities that the
respondent has either:
* Engaged in anti-social behaviour; or
* Threatened to engage in anti-social behaviour.
Condition 2
The court considers it just and convenient to grant the
injunction for the purpose of preventing the respondent from
engaging in anti-social behaviour.
The Scope Of The Injunction
The order may both
* Prohibit the respondent from doing anything described in the
injunction (e.g. not to enter an area)
* Require the respondent to do anything described in the
injunction (e.g. attendance at a substance misuse course)
.that will assist in the prevention of any future anti-social
behaviour.
Limits On Prohibitions &
Restrictions
They must avoid 2 things
Limit 1
Avoid any interference with the times (if any) that the
respondent normally attends either:
. Work;
* School; or
* Educational establishment.
Limit 2
Avoid any conflict with the requirements of any other:
* Injunction; or
* Court order
.that the respondent is already subject to.
Duration Of An Injunction —
Persons Under 18
The duration must be specified which must not
exceed 12 months.
Duration Of An Injunction —
Persons 18 Or Over
There is no minimum or maximum duration - the order can be
for either:
* A specified period; or
* Until further order (i.e. indefinite).
The duration of any prohibition or requirement contained
within an injunction must be for a shorter period than the
injunction itself.
Can An Injunction Application Ever
Be Made Ex Parte (Without Notice)?
Yes
A court will only ever grant an interim injunction at an ex parte
application pending the conduct of a hearing on notice
Can A Power Of Arrest Be
Attached To An Injunction?
Yes
A power of arrest can be attached to either:
* A prohibition;
* A requirement - (except for requirements relating to activities)
Grounds For Attaching A Power
Of Arrest?
2 grounds
Ground 1
The anti-social behaviour in which the respondent either:
* Has engaged: or
* Threatened to engage;
. .consists of or includes either:
* The use of violence; or
* Threatened use of violence
against other persons.
Ground 1
The anti-social behaviour in which the respondent either:
* Has engaged: or
* Threatened to engage;
. .consists of or includes either:
* The use of violence; or
* Threatened use of violence
against other persons.
