Courts enjoy greater powers to grant injunctions

On 23 March 2015,
part 1 of the Anti-social Behaviour, Crime and Policing Act 2014 (the Act) came into force.

The Act introduced a new
civil injunction and replaced anti-social behaviour orders
and injunctions contained in the Housing Act 1996, sections 153
to 156. Whether you act for claimants or the defendants,
the new provisions must be
read carefully.

The possible applicants for injunctions under section 5
of the new Act are a housing provider, a local authority, or
a chief officer of police. Under section 7 the applications can
be made with or without notice.

A draft of the proposed
terms of the injunction should be provided to the court,
which will include all proposed prohibitions and requirements, their proposed duration, and any powers of arrest sought to be attached.

By section 1, a court (normally the county court) may grant an injunction if it is satisfied on the balance of probabilities that the defendant has engaged or threatens to engage in anti-social behaviour, and that it is just and convenient to grant the injunction for the purpose of preventing the respondent
from engaging in anti-social behaviour.

Applicants must anticipate
that the court will examine
each prohibition and each requirement, and they will
need to be able to prove how each will help stop or prevent the respondent from engaging in or threatening to engage
in anti-social behaviour in
the future.

Definition of anti-social behaviour

Section 2(1)(a) defines the general meaning of anti-social behaviour as ‘conduct that has caused, or is likely to cause, harassment, alarm or distress
to any person’.

There is, however, a specific definition in the housing context under section (1)(b): ‘conduct capable of causing nuisance or annoyance to a person in relation to that person’s occupation of residential premises.’

Under section 2(1)(c), anti-social behaviour in the housing context also includes ‘conduct capable of causing housing-related nuisance or annoyance to any person’.

Young respondents

Surprisingly, a youth court, along with the High Court or county court, now has power to grant an injunction against a person aged ten or over. In my view, any prospective claimant must think very carefully before making such an application if the child is as young as that. An order against a child for any period specified must be less than 12 months.

The court can continue to prohibit an act, but the court can also now require something else to be done, such as require a defendant to clean up a house, tidy a garden, or remove graffiti.
It could include the defendant attending alcohol awareness courses, or irresponsible dog owners attending dog-training courses, or mediation sessions with neighbours upset by the alleged behaviour. The courts’ powers are, therefore, much wider than before.

Prohibitions and requirements in an injunction under section 1(5)(a) must,
as far as is practicable, not interfere with working, school, or college hours, nor conflict with any other order.

If there is an injunction
that includes a requirement, then, under section (3)(1), the application must specify who
is responsible for supervising
that requirement and, under section (3)(2), evidence must
be filed from that person about the suitability and enforceability of the requirement.

The order can be for a fixed period or until further order, and can contain different periods (sections (1)(6) to (7)), but, again, care should be taken if different dates are applied for, so that the defendant is not unwittingly confused.

Solicitors should refer to
the Home Office guidance issued under section 19 and
the Home Office’s ‘Anti-social Behaviour, Crime and Policing Act 2014: Reform of anti-social behaviour powers, statutory guidance for frontline professionals of July 2014.’ SJ

 

Pocket notes Applications must be under the new Act, and on the new statutory grounds. A youth court must find that it is in the interests of justice to hear a mixed age case, and if so it must be heard in that court. Ouster injunctions can be included in the application only where the defendant is an adult. The guidance must be read carefully. A power of arrest can be attached to prohibition or requirement. Breach proceedings are largely unchanged, but an application can be made if the applicant thinks the defendant is in breach of any of the injunction provisions in section 10(1).

 

District Judge Nigel Law sits at Blackpool County Court