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New Clause 13

Contents of injunctions: supplemental
‘(1) This section applies in relation to an injunction under section [Injunctions to prevent gang-related violence].
(2) The court must specify, in relation to each prohibition or requirement in the injunction, whether it is to be in force—
(a) until further order, or
(b) until the end of a specified period.
(3) The court may order the applicant and the respondent to attend a review hearing on a specified date.
(4) A review hearing is a hearing held for the purpose of considering whether the injunction should be varied or discharged.
(5) 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.
(6) If the court attaches a power of arrest, it may specify that the power is to have effect for a shorter period than the prohibition or requirement to which it relates.’.—(Mr. Campbell.)
Brought up, read the First and Second time, and added to the Bill.

New Clause 14

Applications for injunctions under section [Injunctions to prevent gang-related violence]
‘(1) An application for an injunction under section [Injunctions to prevent gang-related violence] may be made by—
(a) the chief officer of police for a police area,
(b) the chief constable of the British Transport Police Force, or
(c) a local authority.
(2) In this Part “local authority” means—
(a) in relation to England, a district council, a county council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly;
(b) in relation to Wales, a county council or a county borough council.’.—(Mr. Campbell.)
Brought up, read the First and Second time, and added to the Bill.

New Clause 15

Consultation by applicants for injunctions
‘(1) Before applying for an injunction under section [Applications for injunctions under section [Injunctions to prevent gang-related violence]], the applicant must comply with the consultation requirement.
(2) In the case of an application by a chief officer of police, the consultation requirement is that the chief officer (“the applicant chief officer”) must consult—
(a) any local authority that the applicant chief officer considers it would be appropriate to consult, and
(b) any other chief officer of police whom the applicant chief officer considers it would be appropriate to consult.
(3) In the case of an application by the chief constable of the British Transport Police Force, the consultation requirement is that the constable must consult—
(a) any local authority that the constable considers it would be appropriate to consult, and
(b) any chief officer of police whom the constable considers it would be appropriate to consult.
(4) In the case of an application by a local authority, the consultation requirement is that the local authority (“the applicant local authority”) must consult—
(a) any chief officer of police whom the applicant local authority considers it would be appropriate to consult, and
(b) any other local authority that the applicant local authority considers it would be appropriate to consult.’.—(Mr. Campbell.)
Brought up, read the First and Second time, and added to the Bill.

New Clause 16

Applications without notice
‘(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.
(3) Section [Consultation by applicants for injunctions](1) does not apply in relation to an application without notice.
(4) If an application without notice is made the court must either—
(a) dismiss the application, or
(b) adjourn the proceedings.
Brought up, read the First and Second time, and added to the Bill.

New Clause 17

Interim injunctions: adjournment of on notice hearing
‘(1) This section applies if—
(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 court.
(2) The court may grant an interim injunction if the court thinks that it is just and convenient to do so.
(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 granted under section [Injunctions to prevent gang-related violence] (including a power of arrest).’.—(Mr. Campbell.)
Brought up, read the First and Second time, and added to the Bill.

New Clause 18

Interim injunctions: adjournment of without notice hearing
‘(1) This section applies if the court adjourns the hearing of an application without 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—
(a) include a prohibition or requirement which is expressed to be in force until further order, or
(b) have the effect of requiring the respondent to participate in particular activities.
(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 power of arrest).’.—(Mr. Campbell.)
Brought up, read the First and Second time, and added to the Bill.

New Clause 19

Variation or discharge of injunctions
‘(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;
(b) the respondent.
Brought up, read the First and Second time, and added to the Bill.

New Clause 20

Arrest without warrant
‘(1) This section applies if a power of arrest is attached to a provision of an injunction under this Part.
(2) A constable may arrest without warrant a person whom the constable has reasonable cause to suspect to be in breach of the provision.
(3) If a constable arrests a person under subsection (2), the constable must inform the person who applied for the injunction.
(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.
(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, Christmas Day, Good Friday and any Sunday are to be disregarded.
(7) In this Part “relevant judge”, in relation to an injunction, means—
(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.’.—(Mr. Campbell.)
Brought up, read the First and Second time, and added to the Bill.

New Clause 21

Issue of warrant of arrest
‘(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.’.—(Mr. Campbell.)
Brought up, read the First and Second time, and added to the Bill.

New Clause 22

Remand for medical examination and report
‘(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 arrest].
(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.
(3) If the person is remanded in custody for that purpose, the adjournment may not be for more than 3 weeks at a time.
(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 section).’. —(Mr. Campbell.)
Brought up, read the First and Second time, and added to the Bill.

New Clause 23

Further provision about remands
‘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.’.—(Mr. Campbell.)
Brought up, read the First and Second time, and added to the Bill.

New Clause 24

Guidance
‘(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 section.
(4) Each of the following must have regard to any guidance published under subsection (3)—
(a) a chief officer of police for a police area;
(b) the chief constable of the British Transport Police Force;
(c) a local authority.’.—(Mr. Campbell.)
Brought up, read the First and Second time, and added to the Bill.

New Clause 25

Supplemental
‘(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 given to the respondent.
(3) Subsection (2) applies to a decision to refuse to grant an interim injunction under section [Interim injunctions: adjournment of without notice hearing].’.—(Mr. Campbell.)
Brought up, read the First and Second time, and added to the Bill.

New Clause 26

Interpretation
‘(1) In this Part—
“application without notice” has the meaning given by section [Applications without notice](2);
“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 violence](2)];
“relevant judge” has the meaning given by section [Arrest without warrant](7);
“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;
Brought up, read the First and Second time, and added to the Bill.
 
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Prepared 27 February 2009