Application for a civil injunction can be made in:
- County Court (adults)
- Youth Court (persons aged 10 -17 years)
And can be made by:
- Local councils;
- Social landlords;
- Police (including British Transport Police);
- Transport for London;
- Environment Agency and Natural Resources Wales; and
- NHS Protect and NHS Protect (Wales)
The Civil Injunction can be used to tackle a range of anti-social behaviour problems. For example, an individual regularly hangs around inside local hospital waiting areas. He/She is always drunk and aggressive to hospital staff, often allowing his dog to jump at staff and others in an uncontrolled manner. Under the new system, NHS Protect (or its successor), could apply for an injunction directly to the court to stop the individual’s anti-social behaviour.
Along with prohibitions, the injunction could also include positive requirements to get the individual to address the underlying cause of his behaviour, that is, his misuse of alcohol, and require him to attend dog training classes so he can learn how to control his dog and understand its welfare needs. As with Criminal Behaviour Orders, if an application is to be made for a young person, there is requirements that consultation takes place with the Youth Offending Service. The applicant can apply for the power of arrest to be added to any of the prohibitions. Breach of the injunction is not a criminal offence, but the breach(s) must be proved to the criminal standard, that is, beyond reasonable doubt. Should a breach be proven in court the recipient will be found in civil contempt of court and can have an unlimited fine or up to two years in prison. For young people a supervision order or, as a very last resort, a civil detention order of up to three months for 14-17 year olds can be sentenced.
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