New
Clause
13Contents
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
14Applications
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
15Consultation
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
16Applications
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.
(5) If the court acts under subsection (4)(b), the
applicant must comply with the consultation requirement before the date
of the first full
hearing. (6)
In this section “full hearing” means a hearing of which
notice has been given to the applicant and respondent in accordance
with rules of court.’.—(Mr.
Campbell.) Brought
up, read the First and Second time, and added to the
Bill.
New
Clause
17Interim
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
18Interim
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
19Variation
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.
(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
notice](5).’.—(Mr.
Campbell.) Brought
up, read the First and Second time, and added to the
Bill.
New
Clause
20Arrest
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
21Issue
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
22Remand
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.
(4) If the person is remanded on bail for that
purpose, the adjournment may not be for more than 4 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
23Further
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
24Guidance ‘(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
25Supplemental ‘(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
26Interpretation ‘(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;
“review hearing” has the meaning given
by section [Contents of injunctions:
supplemental](4); “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 an
interim injunction.’.—(Mr.
Campbell.) Brought
up, read the First and Second time, and added to the
Bill.
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