Serious Crime and Other Offences - Protecting Citizens and the Community: Injunctions

Question 1

Injunctions to Prevent Gang-related Violence and Drug Dealing Activity

Answer 1

S.34 Policing and Crime Act 2009
- court may grant an injunction against a respondent 14 or over if the first and second conditions are met

First condition:
- court is satisfied on the balance of probabilities that the respondent has engaged in / has encouraged or assisted
a) gang related violence or
b) gang related drug dealing activity

Second condition:
- court thinks that it is necessary to grant the injunction for either or both of the following purposes
a) to prevent the respondent from engaging in/ encouraging/ assisting gang -related violence or gang-related drug-dealing activity

An injunction under this section may:
a) prohibit the respondent from doing anything described in the injunction
b) require the respondent to do anything in the injunction

Gang-related means:
a) consists of at least three people and
b) has one or more characteristics that enables its members to be identified by others as a group

Violence means:
a) threat of violence

Drug-dealing activity means:
a) the unlawful production, supply, importation or exportation of a controlled drug or
b) the unlawful production, supply, importation or exportation of psychoactive substance

Question 2

Injunctions under the Anti-Social Behaviour, Crime and Policing Act 2014

Answer 2

• Written application can only be made by the police, local authority or other specified bodies
• a court may grant an injunction against a person aged 10 or over if two conditions are met

First condition:
- the court is satisfied, on the balance of probabilities, that the respondent has engaged or threatens to engage in anti-social behaviour

Second condition:
- the court considers it just and convenient to grant the injunction for the purpose of preventing the respondent from engaging in anti-social behaviour

The injunction may:
a) prohibit the respondent from doing anything described in the injunction
b) require the respondent to do anything described in the injunction

The requirements must, so far as practicable, avoid:
a) interference with the times, if any, at which the respondent normally works or attends school/ other educational establishment
b) any conflict with the requirements of any other court order/ injunction they are subject to

The injunction must:
a) specify the period for which it has effect or
b) state that it has effect until further order (if under 18, a period must be specified and it must be no more than 12 months)

Question 3

Definition of Anti-Social Behaviour

Answer 3

a) conduct that has caused, or is likely to cause, harassment, alarm or distress to any person
b) conduct capable of causing nuisance or annoyance to a person in relation to that person’s occupation of residential premises or
c) conduct capable of causing housing-related nuisance or annoyance to any person

• does not require for it to be witnessed only that it is likely to be witnessed and if so, would cause harassment, alarm or distress
• injunctions can be granted for protests thereby prohibiting anti-social utterances and assemblies where it was shown to be necessary and proportionate