Anti-social Behaviour, Crime and Policing Bill (HL Bill 52)

Part 1 Injunctions to prevent nuisance and annoyance

Injunctions to prevent nuisance and annoyance

1 Power to grant injunctions

(1) 5A 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 conduct capable of
causing nuisance or annoyance to any person (“anti-social behaviour”).

(3) 10The 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.

(4) An injunction under this section may for the purpose of preventing the
respondent from engaging in anti-social behaviour—

(a) 15prohibit the respondent from doing anything described in the
injunction;

(b) require the respondent to do anything described in the injunction.

(5) Prohibitions and requirements in an injunction under this section must, so far
as practicable, be such as to avoid—

(a) any conflict with the respondent’s religious beliefs;

(b) 5any interference with the times, if any, at which the respondent
normally works or attends school or any other educational
establishment;

(c) any conflict with the requirements of any other court order or
injunction to which the respondent may be subject.

(6) 10An 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) 15An injunction under this section may specify periods for which particular
prohibitions or requirements have effect.

(8) Jurisdiction under this Part is exercisable by—

(a) a youth court, in the case of a respondent aged under 18;

(b) the High Court or the county court, in any other case.

20Contents of injunctions

2 Requirements included in injunctions

(1) An injunction under section 1 that includes a requirement must specify the
person who is to be responsible for supervising compliance with the
requirement.

25The person may be an individual or an organisation.

The person may be an individual or an organisation.

(2) Before including a requirement, the court must receive evidence about its
suitability and enforceability from—

(a) the individual to be specified under subsection (1), if an individual is to
30be specified;

(b) an individual representing the organisation to be specified under
subsection (1), if an organisation is to be specified.

(3) Before including two or more requirements, the court must consider their
compatibility with each other.

(4) 35It is the duty of a person specified under subsection (1)—

(a) to make any necessary arrangements in connection with the
requirements for which the person has responsibility (the “relevant
requirements”);

(b) to promote the respondent’s compliance with the relevant
40requirements;

(c) if the person considers that the respondent—

(i) has complied with all the relevant requirements, or

(ii) has failed to comply with a relevant requirement,

to inform the person who applied for the injunction and the
45appropriate chief officer of police.

(5) In subsection (4)(c) “the appropriate chief officer of police” means—

(a) the chief officer of police for the police area in which it appears to the
person specified under subsection (1) that the respondent lives, or

(b) if it appears to that person that the respondent lives in more than one
5police area, whichever of the relevant chief officers of police that person
thinks it most appropriate to inform.

(6) A respondent subject to a requirement included in an injunction under section
1 must—

(a) keep in touch with the person specified under subsection (1) in relation
10to that requirement, in accordance with any instructions given by that
person from time to time;

(b) notify the person of any change of address.

These obligations have effect as requirements of the injunction.

3 Power of arrest

(1) 15A court granting an injunction under section 1 may attach a power of arrest to
a prohibition or requirement of the injunction if the court thinks that—

(a) the anti-social behaviour 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) 20there 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
25or requirement to which it relates.

Applications for injunctions

4 Applications for injunctions

(1) An injunction under section 1 may be granted only on the application of—

(a) a local authority,

(b) 30a housing provider,

(c) the chief officer of police for a police area,

(d) the chief constable of the British Transport Police Force,

(e) Transport for London,

(f) the Environment Agency,

(g) 35the Natural Resources Body for Wales,

(h) the Secretary of State exercising security management functions, or a
Special Health Authority exercising security management functions on
the direction of the Secretary of State, or

(i) the Welsh Ministers exercising security management functions, or a
40person or body exercising security management functions on the
direction of the Welsh Ministers or under arrangements made between
the Welsh Ministers and that person or body.

(2) In subsection (1) “security management functions” means—

(a) the Secretary of State’s security management functions within the
meaning given by section 195(3) of the National Health Service Act
2006;

(b) the functions of the Welsh Ministers corresponding to those functions.

(3) 5A housing provider may make an application only if the application concerns
anti-social behaviour that directly or indirectly relates to or affects its housing
management functions.

(4) For the purposes of subsection (3) the housing management functions of a
housing provider include—

(a) 10functions conferred by or under an enactment;

(b) the powers and duties of the housing provider as the holder of an estate
or interest in housing accommodation.

(5) The Secretary of State may by order—

(a) amend this section;

(b) 15amend section 19 in relation to expressions used in this section.

5 Applications without notice

(1) An application for an injunction under section 1 may be made without notice
being given to the respondent.

(2) If an application is made without notice the court must either—

(a) 20adjourn the proceedings and grant an interim injunction (see section 6),
or

(b) adjourn the proceedings without granting an interim injunction, or

(c) dismiss the application.

Interim injunctions

6 25Interim injunctions

(1) This section applies where the court adjourns the hearing of an application
(whether made with notice or without) for an injunction under section 1.

(2) The court may grant an injunction under that section lasting until the final
hearing of the application or until further order (an “interim injunction”) if the
30court thinks it just to do so.

(3) An interim injunction made at a hearing of which the respondent was not
given notice may not have the effect of requiring the respondent to participate
in particular activities.

(4) Subject to that, the court has the same powers (including powers under
35section 3) whether or not the injunction is an interim injunction.

Variation and discharge

7 Variation or discharge of injunctions

(1) The court may vary or discharge an injunction under section 1 on the
application of—

(a) the person who applied for the injunction, or

(b) the respondent.

(2) The power to vary an injunction includes power—

(a) to include an additional prohibition or requirement in the injunction, or
5to extend the period for which a prohibition or requirement has effect;

(b) to attach a power of arrest, or to extend the period for which a power of
arrest has effect.

(3) If an application under this section is dismissed, the party by which the
dismissed application was made may make no further application under this
10section without—

(a) the consent of the court, or

(b) the agreement of the other party.

(4) Section 2 applies to additional requirements included under subsection (2)(a)
above as it applies to requirements included in a new injunction.

15Breach of injunctions

8 Arrest without warrant

(1) Where a power of arrest is attached to a provision of an injunction under
section 1, a constable may arrest the respondent without warrant if he or she
has reasonable cause to suspect that the respondent is in breach of the
20provision.

(2) A constable who arrests a person under subsection (1) must inform the person
who applied for the injunction.

(3) A person arrested under subsection (1) must, within the period of 24 hours
beginning with the time of the arrest, be brought before—

(a) 25a judge of the High Court or a judge of the county court, if the
injunction was granted by the High Court;

(b) a judge of the county court, if the injunction was granted by the county
court;

(c) a justice of the peace, if the injunction was granted by a youth court.

(4) 30In calculating when the period of 24 hours ends, Christmas Day, Good Friday
and any Sunday are to be disregarded.

(5) The judge before whom a person is brought under subsection (3)(a) or (b) may
remand the person if the matter is not disposed of straight away.

(6) The justice of the peace before whom a person is brought under subsection
35(3)(c) must remand the person to appear before—

(a) the youth court that granted the injunction, if the person is aged under
18;

(b) the county court, if the person is aged 18 or over.

9 Issue of arrest warrant

(1) 40If the person who applied for an injunction under section 1 thinks that the
respondent is in breach of any of its provisions, the person may apply for the
issue of a warrant for the respondent’s arrest.

(2) The application must be made to—

(a) a judge of the High Court, if the injunction was granted by the High
Court;

(b) a judge of the county court, if the injunction was granted by the county
5court;

(c) a justice of the peace, if the injunction was granted by a youth court.

(3) A judge or justice may issue a warrant under this section only if the judge or
justice has reasonable grounds for believing that the respondent is in breach of
a provision of the injunction.

(4) 10A warrant issued by a judge of the High Court must require the respondent to
be brought before that court.

(5) A warrant issued by a judge of the county court must require the respondent
to be brought before that court.

(6) A warrant issued by a justice of the peace must require the respondent to be
15brought before—

(a) the youth court that granted the injunction, if the person is aged under
18;

(b) the county court, if the person is aged 18 or over.

(7) A constable who arrests a person under a warrant issued under this section
20must inform the person who applied for the injunction.

(8) If the respondent is brought before a court by virtue of a warrant under this
section but the matter is not disposed of straight away, the court may remand
the respondent.

10 Remands

25Schedule 1 (remands under sections 8 and 9) has effect.

11 Powers in respect of under-18s

Schedule 2 (breach of injunctions: powers of court in respect of under-18s) has
effect.

Powers of court on application by provider of residential accommodation

12 30Power to exclude person from home in cases of violence or risk of harm

(1) An injunction under section 1 may have the effect of excluding the respondent
from the place where he or she normally lives (“the premises”) only if—

(a) the injunction is granted on the application of—

(i) a local authority,

(ii) 35the chief officer of police for the police area that the premises are
in, or

(iii) if the premises are owned or managed by a housing provider,
that housing provider, and

(b) the court thinks that—

(i) the anti-social behaviour 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

(ii) there is a significant risk of harm to other persons from the
5respondent.

(2) For the purposes of this section a housing provider owns a place if—

(a) the housing provider is a person (other than a mortgagee not in
possession) entitled to dispose of the fee simple of the place, whether in
possession or in reversion, or

(b) 10the housing provider is a person who holds or is entitled to the rents
and profits of the place under a lease that (when granted) was for a term
of not less then 3 years.

13 Tenancy injunctions: exclusion and power of arrest

(1) In this section “tenancy injunction” means an injunction granted—

(a) 15on the application of a local authority or a housing provider,

(b) against a person who has a tenancy agreement with the applicant,

(c) in respect of a breach or anticipated breach of the agreement on the
ground that the tenant—

(i) is engaging or threatening to engage in anti-social behaviour, or

(ii) 20is allowing, inciting or encouraging any other person to engage
or threaten to engage in anti-social behaviour.

“Tenancy agreement” here includes any agreement for the occupation of
residential accommodation.

(2) Subsections (3) and (4) apply where the High Court or the county court grants
25a tenancy injunction and is satisfied that—

(a) the behaviour referred to in subsection (1)(c) consists of or includes the
use or threatened use of violence (or would do so if engaged in), or

(b) there is a significant risk of harm to any person.

(3) The court may include in the tenancy injunction a provision prohibiting the
30person against whom it is granted from entering or being in—

(a) any premises specified in the injunction (including the premises where
the person normally lives);

(b) any area specified in the injunction.

(4) The court may attach a power of arrest to any provision of the tenancy
35injunction.

(5) The following provisions of this Part apply to a tenancy injunction as they
apply to an injunction under section 1—

(a) section 1(6);

(b) sections 3(2) and 8 (if a power of arrest is attached);

(c) 40sections 5 to 7;

(d) section 9;

(e) section 10 and Schedule 1;

(f) section 11 and Schedule 2;

(g) section 18(1).

Supplemental

14 Requirements to consult etc

(1) A person applying for an injunction under section 1 must before doing so—

(a) consult the local youth offending team about the application, if the
5respondent will be aged under 18 when the application is made;

(b) inform any other body or individual the applicant thinks appropriate
of the application.

This subsection does not apply to a without-notice application.

(2) Where the court adjourns a without-notice application, before the date of the
10first on-notice hearing the applicant must—

(a) consult the local youth offending team about the application, if the
respondent will be aged under 18 on that date;

(b) inform any other body or individual the applicant thinks appropriate
of the application.

(3) 15A person applying for variation or discharge of an injunction under section 1
granted on that person’s application must before doing so—

(a) consult the local youth offending team about the application for
variation or discharge, if the respondent will be aged under 18 when
that application is made;

(b) 20inform any other body or individual the applicant thinks appropriate
of that application.

(4) In this section—

• “local youth offending team” means—

  (a)

  the youth offending team in whose area it appears to the
  25applicant that the respondent lives, or

  (b)

  if it appears to the applicant that the respondent lives in more
  than one such area, whichever one or more of the relevant youth
  offending teams the applicant thinks it appropriate to consult;

• “on-notice hearing” means a hearing of which notice has been given to the
  30applicant and the respondent in accordance with rules of court;

• “without-notice application” means an application made without notice
  under section 5.

15 Appeals against decisions of youth courts

(1) An appeal lies to the Crown Court against a decision of a youth court made
35under this Part.

(2) On an appeal under this section the Crown Court may make—

(a) whatever orders are necessary to give effect to its determination of the
appeal;

(b) whatever incidental or consequential orders appear to it to be just.

(3) 40An order of the Crown Court made on an appeal under this section (other than
one directing that an application be re-heard by the youth court) is to be treated
for the purposes of section 7 as an order of the youth court.

16 Special measures for witnesses

(1) Chapter 1 of Part 2 of the Youth Justice and Criminal Evidence Act 1999
(special measures directions in the case of vulnerable and intimidated
witnesses) applies to proceedings under this Part as it applies to criminal
5proceedings, but with—

(a) the omission of the provisions of that Act mentioned in subsection (2)
(which make provision appropriate only in the context of criminal
proceedings), and

(b) any other necessary modifications.

(2) 10The provisions are—

(a) section 17(4) to (7);

(b) section 21(4C)(e);

(c) section 22A;

(d) section 27(10);

(e) 15section 32.

(3) Rules of court made under or for the purposes of Chapter 1 of Part 2 of that Act
apply to proceedings under this Part—

(a) to the extent provided by rules of court, and

(b) subject to any modifications provided by rules of court.

(4) 20Section 47 of that Act (restrictions on reporting special measures directions etc)
applies with any necessary modifications—

(a) to a direction under section 19 of that Act as applied by this section;

(b) to a direction discharging or varying such a direction.

Sections 49 and 51 of that Act (offences) apply accordingly.

17 25Children and young persons: disapplication of reporting restrictions

Section 49 of the Children and Young Persons Act 1933 (restrictions on reports
of proceedings in which children and young persons are concerned) does not
apply to proceedings under this Part.

18 Rules of court

(1) 30Rules of court may provide that an appeal from a decision of the High Court,
the county court or a youth court—

(a) to dismiss an application for an injunction under section 1 made
without notice being given to the respondent, or

(b) to refuse to grant an interim injunction when adjourning proceedings
35following such an application,

may be made without notice being given to the respondent.

(2) In relation to a respondent attaining the age of 18 after proceedings under this
Part have begun, rules of court may—

(a) provide for the transfer of the proceedings from the youth court to the
40High Court or the county court;

(b) prescribe circumstances in which the proceedings may or must remain
in the youth court.