Section 9 Arrest without warrantI1
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.
A constable who arrests a person under subsection (1) must inform the person who applied for the injunction.
A person arrested under subsection (1) must, within the period of 24 hours beginning with the time of the arrest, be brought before—
in the case of a housing injunction—
a judge of the county court, or
if the injunction was granted by the High Court, a judge of the High Court or a judge of the county court;
in the case of a youth injunction, a justice of the peace.
In calculating when the period of 24 hours ends, Christmas Day, Good Friday and any Sunday are to be disregarded.
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.
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)