OpenLegislation

Section 9 Arrest without warrantI1

(1)

Where a power of arrest is attached to a provision of an injunction under F1this Part, a constable may arrest the respondent without warrant if he or she has reasonable cause to suspect that the respondent is in breach of the provision.

(2)

A constable who arrests a person under subsection (1) must inform the person who applied for the injunction.

(3)

A person arrested under subsection (1) must, within the period of 24 hours beginning with the time of the arrest, be brought before—

F2(a)

in the case of a housing injunction—

(i)

a judge of the county court, or

(ii)

if the injunction was granted by the High Court, a judge of the High Court or a judge of the county court;

(b)

in the case of a youth injunction, a justice of the peace.

(4)

In calculating when the period of 24 hours ends, Christmas Day, Good Friday and any Sunday are to be disregarded.

(5)

The judge before whom a person is brought under subsection (3)(a) F3... may remand the person if the matter is not disposed of straight away.

(6)

The justice of the peace before whom a person is brought under subsection (3)F4(b) must remand the person to appear before the youth court that granted the injunction.

Annotations

Textual amendments

F1

Words in s. 9(1) substituted (26.10.2026) by Crime and Policing Act 2026 (c. 20), s. 255(1), Sch. 1 para. 11(2) (with s. 2(3)); S.I. 2026/960, reg. 4(g)

F2

S. 9(3)(a)(b) substituted for s. 9(3)(a)-(c) (26.10.2026) by virtue of Crime and Policing Act 2026 (c. 20), s. 255(1), Sch. 1 para. 11(3) (with s. 2(3)); S.I. 2026/960, reg. 4(g)

F3

Words in s. 9(5) omitted (26.10.2026) by virtue of Crime and Policing Act 2026 (c. 20), s. 255(1), Sch. 1 para. 11(4) (with s. 2(3)); S.I. 2026/960, reg. 4(g)

F4

Word in s. 9(6) substituted (26.10.2026) by Crime and Policing Act 2026 (c. 20), s. 255(1), Sch. 1 para. 11(5) (with s. 2(3)); S.I. 2026/960, reg. 4(g)

Commencement

I1

S. 9 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)