What is an injunction?

Posted

Anti-Social Behaviour: Civil Injunctions

Civil injunctions are governed by the Anti-Social behaviour Crime and Policing Act 2014, and are available in the Crown Court and High Court in relation to adults, and in relation to persons under 18 they are available in the Youth Court.

The Court will grant an injunction if the court is satisfied that the following two conditions are met:

On the balance of probabilities that the person has engaged or threatens to engage in anti-social behaviour; and
It is just and convenient to grant the injunction to prevent the person engaging in anti-social behaviour.

Injunctions can be applied for by a Local Authority, The Police, The NHS, Housing Providers, The Chief Constable of the British Transport Police, Transport for London, the Environmental Agency and Natural Resources Wales.

An example of an injunction may be one in favour of the Local Authority in order to prevent anti-social behaviour in a particular area by granting an exclusion zone to stop the Respondent entering in order to protect residents living there.

What happens if I breach an injunction

A power of arrest can be attached to an injunction and a constable can arrest a person without a warrant if they have breached an injunction that was made against them.

Breach of an injunction may be considered to be contempt of Court punishable by an unlimited fine or imprisonment for up to two years by the County Court.

If the breach of an injunction is denied then the Respondent is entitled to a contested hearing and the criminal standard of the burden of proof will be on the Claimant’s to prove beyond reasonable doubt that a breach has occurred.

How we can help?

Here at Emery Johnson Astills we have specialist solicitors in our Criminal Defence Team who have experience at successful contested hearings of breaching injunctions. In relation to funding your Representation you may also be eligible for Legal Aid.

Please do not hesitate to contact us on 0116 255 4855 or email us at crimeteam@johnsonastills.com and note that Emery Johnson Astills have offices in Leicester and Loughborough.