Section 8 Variation or discharge of injunctionsI1

(1)

The court may vary or discharge an injunction under F1this Part on the application of—

(a)

the person who applied for the injunction, or

(b)

the respondent.

F2(2)

In subsection (1) “the court” means the court that granted the injunction.

(3)

The power to vary an injunction includes power—

(a)

to include an additional prohibition or requirement in the injunction, or to extend the period for which a prohibition or requirement has effect;

(b)

to attach a power of arrest, or to extend the period for which a power of arrest has effect.

(4)

If an application under this section is dismissed, the party by which the dismissed application was made may make no further application under this section without—

(a)

the consent of the court, or

(b)

the agreement of the other party.

(5)

Section 3 applies to additional requirements included under subsection (3)(a) above as it applies to requirements included in a new injunction.

Annotations

Textual amendments

F1: Words in s. 8(1) substituted (26.10.2026) by Crime and Policing Act 2026 (c. 20), s. 255(1), Sch. 1 para. 10(2) (with s. 2(3)); S.I. 2026/960, reg. 4(g)
F2: S. 8(2) substituted (26.10.2026) by Crime and Policing Act 2026 (c. 20), s. 255(1), Sch. 1 para. 10(3) (with s. 2(3)); S.I. 2026/960, reg. 4(g)

Commencement

I1: S. 8 in force at 23.3.2015 by S.I. 2015/373, art. 4(a)

Notes on Part 1

Modifications

C1: Pt. 1 applied (with modifications) (8.5.2017) by The West Midlands Combined Authority (Functions and Amendment) Order 2017 (S.I. 2017/510), arts. 1(2), 20(3)