Closure Orders have been introduced to provide a response to properties that are linked to crime or persistent anti-social behaviour.
The police or authorities first issue a short-term notice, namely a closure notice, which lasts 48 hours and bans access to the property. This matter must then be listed at the Magistrates Court for a full Closure Order which can last up to 3 months and can be extended to 6 months.
If someone was to enter a property that has been closed by Closure Order they would be committing a criminal offence.
Do Closure Orders affect homes or businesses?
A Closure Order can be made in respect of a domestic or commercial property.
What to do if you are served with a Closure Notice?
You will have a maximum of 48 hours to instruct legal representation before your matter is heard at the Magistrates Court. We can assist and advise whether you have grounds to oppose the making of a Closure Order and then represent you at the hearing.
A Court may make a Closure Order if it is satisfied that;
(a) that a person has engaged, or (if the order is not made) is likely to engage, in disorderly, offensive or criminal behaviour on the premises, or
(b) that the use of the premises has resulted, or (if the order is not made) is likely to result, in serious nuisance to members of the public, or
(c) that there has been, or (if the order is not made) is likely to be, disorder near those premises associated with the use of those premises,
and that the order is necessary to prevent the behaviour, nuisance or disorder from continuing, recurring or occurring.
Could a Closure Order prevent me living in my home?
Yes, a Closure Order could prevent you returning to and living in your home.
Could a closure order prevent me working out of my business premises?
Yes, it could mean your business has to close for the duration of the Closure Order.
Why choose Johnson Astills for advice about Closure Orders?
Johnson Astills are experts in dealing with Closure Orders. It is important that you seek urgent advice if you are served with a notice. We can advise you how to challenge the order and on the consequences for you if the order is made. identify potential lines of enquiry as well as liaising with the applicant on your behalf.
Legal aid can be available for matters surrounding Closure Orders. If you are not eligible, we also offer reasonable fixed fee rates.
How can Johnson Astills help?
It is important you seek legal advice whether accused of a criminal offence or involved with a civil matter. At Johnson Astills we specialise in criminal defence and criminal related civil matters, including advice and representation around Closure Orders.
At Johnson Astills, we offer fixed fee initial consultations, at which we will discuss your matter in detail and provide preliminary advice and guidance. For further information, or to arrange a fixed fee consultation, please call our Leicester office on 0116 255 4855 or our Loughborough office on 01509 610 312.
