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| |
| |
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| | (b) | any chief officer of police whom the constable considers it would be |
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15 | | |
| | (4) | In the case of an application by a local authority, the consultation requirement is |
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| | that the local authority (“the applicant local authority”) must consult— |
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| | (a) | any chief officer of police whom the applicant local authority considers |
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| | it would be appropriate to consult, and |
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20 | | (b) | any other local authority that the applicant local authority considers it |
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| | would be appropriate to consult.’. |
|
| | As Amendments to Mr Vernon Coaker’s proposed New Clause (Consultation by |
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| | applicants for injunctions) (NC 15):— |
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| |
| |
| | |
| |
| | ‘(c) | any primary care trust, mental health trust or other NHS authority that the |
|
| | applicant chief officer considers would be appropriate to consult; and |
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| | (d) | any youth offending team, local probation service or office of the |
|
| | National Offender Management Service that the applicant chief officer |
|
| | considers would be appropriate to consult.’. |
|
| |
| |
| | |
| |
| | ‘(c) | any primary care trust, mental health trust or other NHS authority that the |
|
| | constable considers would be appropriate to consult; and |
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| | (d) | any youth offending team, local probation service or office of the |
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| | National Offender Management Service that the constable considers |
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| | would be appropriate to consult.’. |
|
| |
| |
| | |
| |
| | ‘(c) | any primary care trust, mental health trust or other NHS authority that the |
|
| | applicant local authority considers would be appropriate to consult; and |
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| | (d) | any youth offending team, local probation service or office of the |
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| | National Offender Management Service that the applicant local authority |
|
| | considers would be appropriate to consult.’. |
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| |
| | Applications without notice |
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| |
| | |
| To move the following Clause:— |
|
|
|
| |
| |
|
| | ‘(1) | An application under section [Applications for injunctions under section |
|
| | [Injunctions to prevent gang-related violence]] may be made without the |
|
| | respondent being given notice. |
|
| | (2) | In this Part, such an application is referred to as an application without notice. |
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| | (3) | Section [Consultation by applicants for injunctions](1) does not apply in relation |
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| | to an application without notice. |
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| | (4) | If an application without notice is made the court must either— |
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| | (a) | dismiss the application, or |
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| | (b) | adjourn the proceedings. |
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| | (5) | If the court acts under subsection (4)(b), the applicant must comply with the |
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| | consultation requirement before the date of the first full hearing. |
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| | (6) | In this section “full hearing” means a hearing of which notice has been given to |
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| | the applicant and respondent in accordance with rules of court.’. |
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| |
| | Interim injunctions: adjournment of on notice hearing |
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| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | This section applies if— |
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| | (a) | the court adjourns the hearing of an application for an injunction under |
|
| | section [Injunctions to prevent gang-related violence], and |
|
| | (b) | the respondent was notified of the hearing in accordance with rules of |
|
| | |
| | (2) | The court may grant an interim injunction if the court thinks that it is just and |
|
| | |
| | (3) | An interim injunction granted under this section may not include a prohibition or |
|
| | requirement which is expressed to be in force until further order. |
|
| | (4) | Except as provided by subsection (3), an interim injunction under this section |
|
| | may include any provision which the court has power to include in an injunction |
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| | granted under section [Injunctions to prevent gang-related violence] (including a |
|
| | |
| |
| | Interim injunctions: adjournment of without notice hearing |
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| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | This section applies if the court adjourns the hearing of an application without |
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| | notice under section [Applications without notice](4)(b). |
|
| | (2) | The court may grant an interim injunction if it thinks that it is necessary to do so. |
|
| | (3) | An interim injunction under this section may not— |
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|
|
| |
| |
|
| | (a) | include a prohibition or requirement which is expressed to be in force |
|
| | |
| | (b) | have the effect of requiring the respondent to participate in particular |
|
| | |
| | (4) | Except as provided by subsection (3), an interim injunction under this section |
|
| | may include any provision which the court has power to include in an injunction |
|
| | granted under section [Injunctions to prevent gang-related violence] (including a |
|
| | |
| |
| | Variation or discharge of injunctions |
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| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | The court may vary or discharge an injunction under this Part if either— |
|
| | (a) | a review hearing is held, or |
|
| | (b) | an application to vary or discharge the injunction is made. |
|
| | (2) | An application to vary or discharge the injunction may be made by— |
|
| | (a) | the person who applied for the injunction; |
|
| | |
| | (3) | Before applying for the variation or discharge of an injunction, a person |
|
| | mentioned in subsection (2)(a) must notify the persons consulted under section |
|
| | [Consultation by applicants for injunctions](1) or [Applications without |
|
| | |
| |
| | |
| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | This section applies if a power of arrest is attached to a provision of an injunction |
|
| | |
| | (2) | A constable may arrest without warrant a person whom the constable has |
|
| | reasonable cause to suspect to be in breach of the provision. |
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| | (3) | If a constable arrests a person under subsection (2), the constable must inform the |
|
| | person who applied for the injunction. |
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| | (4) | A person arrested under subsection (2) must be brought before a relevant judge |
|
| | within the period of 24 hours beginning with the time of the arrest. |
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| | (5) | If the matter is not disposed of when the person is brought before the judge, the |
|
| | judge may remand the person. |
|
| | (6) | In calculating when the period of 24 hours mentioned in subsection (4) ends, |
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| | Christmas Day, Good Friday and any Sunday are to be disregarded. |
|
| | (7) | In this Part “relevant judge”, in relation to an injunction, means— |
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|
|
| |
| |
|
| | (a) | where the injunction was granted by the High Court, a judge of that court; |
|
| | (b) | where the injunction was granted by a county court, a judge or district |
|
| | judge of that or any other county court.’. |
|
| |
| | Issue of warrant of arrest |
|
| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | This section applies in relation to an injunction under this Part. |
|
| | (2) | If the person who applied for the injunction considers that the respondent is in |
|
| | breach of any of its provisions, the person may apply to a relevant judge for the |
|
| | issue of a warrant for the arrest of the respondent. |
|
| | (3) | A relevant judge may not issue a warrant on an application under subsection (2) |
|
| | unless the judge has reasonable grounds for believing that the respondent is in |
|
| | breach of any provision of the injunction. |
|
| | (4) | If a person is brought before a court by virtue of a warrant under subsection (3), |
|
| | but the matter is not disposed of, the court may remand the person.’. |
|
| |
| | Remand for medical examination and report |
|
| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | This section applies in relation to a person who is brought before the relevant |
|
| | judge or the court under section [Arrest without warrant] or [Issue of warrant of |
|
| | |
| | (2) | If the relevant judge or the court has reason to consider that a medical report will |
|
| | be required, the judge or the court may remand the person under section [Arrest |
|
| | without warrant](5) or (as the case may be) [Issue of warrant of arrest](4) for the |
|
| | purpose of enabling a medical examination to take place and a report to be made. |
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| | (3) | If the person is remanded in custody for that purpose, the adjournment may not |
|
| | be for more than 3 weeks at a time. |
|
| | (4) | If the person is remanded on bail for that purpose, the adjournment may not be |
|
| | for more than 4 weeks at a time. |
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| | (5) | If the relevant judge or the court has reason to suspect that the person is suffering |
|
| | from a mental disorder within the meaning of the Mental Health Act 1983, the |
|
| | judge or the court has the same power to make an order under section 35 of that |
|
| | Act (remand for report on accused’s medical condition) as the Crown Court has |
|
| | under that section in the case of an accused person (within the meaning of that |
|
| | |
| |
|
|
| |
| |
|
| | Further provision about remands |
|
| |
| | |
| To move the following Clause:— |
|
| | ‘Schedule [Injunctions: powers to remand] (which makes further provision about |
|
| | the remand of a person under sections [Arrest without warrant](5) and [Issue of |
|
| | warrant of arrest](4)) has effect.’. |
|
| |
| | |
| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | The Secretary of State must issue guidance relating to injunctions under this Part. |
|
| | (2) | The Secretary of State may revise any guidance issued under subsection (1). |
|
| | (3) | The Secretary of State must publish any guidance issued or revised under this |
|
| | |
| | (4) | Each of the following must have regard to any guidance published under |
|
| | |
| | (a) | a chief officer of police for a police area; |
|
| | (b) | the chief constable of the British Transport Police Force; |
|
| | |
| |
| | |
| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | Rules of court may provide that any power conferred on a county court to grant, |
|
| | vary or discharge an injunction under this Part may be exercised by a judge or |
|
| | district judge of that court. |
|
| | (2) | Rules of court may provide that an appeal from a decision of the High Court or |
|
| | county court to which this subsection applies may be made without notice being |
|
| | |
| | (3) | Subsection (2) applies to a decision to refuse to grant an interim injunction under |
|
| | section [Interim injunctions: adjournment of without notice hearing].’. |
|
| |
|
|
| |
| |
|
| | |
| |
| | |
| To move the following Clause:— |
|
| | |
| | “application without notice” has the meaning given by section [Applications |
|
| | |
| | “court” means the High Court or a county court; |
|
| | “local authority” has the meaning given by section [Applications for |
|
| | injunctions under section [Injunctions to prevent gang-related |
|
| | |
| | “relevant judge” has the meaning given by section [Arrest without |
|
| | |
| | “respondent” means the person in respect of whom an application for an |
|
| | injunction is made or (as the context requires) the person against whom |
|
| | such an injunction is granted; |
|
| | “review hearing” has the meaning given by section [Contents of injunctions: |
|
| | |
| | “specify”, in relation to an injunction, means specify in the injunction; |
|
| | “violence” includes violence against property. |
|
| | (2) | Any reference in this Part to an injunction under this Part includes a reference to |
|
| | |
| |
| | Notification of proposal to include person in barred list: England and Wales |
|
| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | The Safeguarding Vulnerable Groups Act 2006 (c. 47) is amended as follows. |
|
| | (2) | After section 34 insert— |
|
| | “34A | Notification of proposal to include person in children’s barred list |
|
| | (1) | If ISA proposes to include a person (B) in the children’s barred list in the |
|
| | circumstances mentioned in paragraph 3(1) or 5(1) of Schedule 3, it— |
|
| | (a) | must notify any person who is registered in relation to B under |
|
| | section 32 in relation to regulated activity relating to children, |
|
| | |
| | (b) | may notify any other person who it is satisfied falls within |
|
| | |
| | (2) | The following fall within this subsection— |
|
| | (a) | any person who is permitting B to engage in regulated activity |
|
| | |
| | (b) | any responsible person (within the meaning of section 23) who |
|
| | is permitting B to engage in controlled activity relating to |
|
| | |
|
|
| |
| |
|
| | (3) | A notification under this section must— |
|
| | (a) | explain that ISA has not yet taken a final decision about whether |
|
| | to include B in the barred list, and |
|
| | (b) | include such information as ISA thinks appropriate about its |
|
| | reasons for proposing to include B in the barred list. |
|
| | (4) | The requirement to notify a person under subsection (1)(a) is satisfied if |
|
| | notification is sent to any address recorded against that person’s name in |
|
| | |
| | 34B | Notification of proposal to include person in adults’ barred list |
|
| | (1) | If ISA proposes to include a person (B) in the adults’ barred list in the |
|
| | circumstances mentioned in paragraph 9(1) or 11(1) of Schedule 3, it— |
|
| | (a) | must notify any person who is registered in relation to B under |
|
| | section 32 in relation to regulated activity relating to vulnerable |
|
| | |
| | (b) | may notify any other person who it is satisfied falls within |
|
| | |
| | (2) | The following fall within this subsection— |
|
| | (a) | any person who is permitting B to engage in regulated activity |
|
| | relating to vulnerable adults, |
|
| | (b) | any responsible person (within the meaning of section 23) who |
|
| | is permitting B to engage in controlled activity relating to |
|
| | |
| | (3) | A notification under this section must— |
|
| | (a) | explain that ISA has not yet taken a final decision about whether |
|
| | to include B in the barred list, and |
|
| | (b) | include such information as ISA thinks appropriate about its |
|
| | reasons for proposing to include B in the barred list. |
|
| | (4) | The requirement to notify a person under subsection (1)(a) is satisfied if |
|
| | notification is sent to any address recorded against that person’s name in |
|
| | |
| | 34C | Sections 34A and 34B: notification of outcome |
|
| | (1) | Subsection (2) applies if ISA— |
|
| | (a) | has notified a person (A) under section 34A or 34B that it |
|
| | proposes to include another (B) in a barred list, and |
|
| | (b) | includes B in the barred list or decides not to do so. |
|
| | (2) | ISA must notify A that it has included B in the barred list or that it has |
|
| | decided not to do so (as the case may be). |
|
| | (3) | In a case where A is registered in relation to B under section 32 (or has |
|
| | ceased to be so registered by virtue of B’s inclusion in the barred list), the |
|
| | requirement in subsection (2) is satisfied if notification is sent to any |
|
| | address recorded (or, as the case may be, formerly recorded) against A’s |
|
| | |
| | (3) | In section 31 (vetting information)— |
|
| | (a) | in subsections (2) and (3), omit paragraph (b) and the “, and” |
|
| | immediately before it, and |
|
|