Schedule 2 Part 65 Proceedings relating to anti-social behaviour and harassment

“SECTION IX

RESPECT ORDERS UNDER PART A1 OF THE ANTI-SOCIAL BEHAVIOUR, CRIME AND POLICING ACT 2014

Scope of this Section and interpretation

65.50.

(1)

This Section applies to applications for a respect order under Part A1 of the Anti-social Behaviour, Crime and Policing Act 2014^f1.

(2)

In this Section, “the 2014 Act” means the Anti-Social Behaviour, Crime and Policing Act 2014.

Applications for a respect order – general

65.51.

(1)

An application for a respect order under Part A1 of the 2014 Act is subject to the Part 8 procedure as modified by this rule and rules 65.52 and 65.53, and Practice Direction 65.

(2)

The application—

(a)

must be made by a claim form in accordance with Practice Direction 65;

(b)

if made in a County Court hearing centre, must be made in the County Court hearing centre which serves the address where the defendant resides or carries on business or the area in which the conduct complained of took place;

(c)

must be supported by a witness statement which must be filed with the claim form;

(d)

must include a statement that the defendant is entitled to a reasonable opportunity to obtain legal representation and to apply for legal aid which may be available; and

(e)

must include a statement that the notification requirements under section K1 of the 2014 Act have been complied with and who has been notified, or that no notice was required.

(3)

The claim form must—

(a)

state the matters required by rule 8.2;

(b)

state the terms of the respect order applied for; and

(c)

be accompanied by a draft of the respect order sought, in accordance with Practice Direction 65.

Application for a respect order on notice

65.52.

(1)

If the application is made on notice—

(a)

the claim form, together with a copy of the witness statement and draft order; and

(b)

the notice of the first hearing,

must be served by the claimant on the defendant personally.

(2)

An application made on notice may be listed for hearing before the expiry of the time for the defendant to file an acknowledgment of service under rule 8.3, and in such a case—

(a)

the claimant must, as soon as is practicable in accordance with paragraph (1) (and in any event not less than 2 days before the hearing), serve the claim form, witness statement, draft order and notice of the first hearing on the defendant; and

(b)

the defendant may take part in the hearing whether or not the defendant has filed an acknowledgment of service.

Application for a respect order without notice

65.53.

(1)

If the application is made without notice—

(a)

the witness statement in support of the application must state the reasons why notice has not been given;

(b)

the following rules do not apply—

(i)

8.3;

(ii)

8.4;

(iii)

8.5(2) to (6);

(iv)

8.6(1);

(v)

8.7;

(vi)

8.8; and

(c)

Part 20 does not apply.

(2)

If the application is made without notice, once the without notice aspect of the application has been determined, the claim form must be served by the claimant on the defendant personally, together with a copy of the witness statement, any draft order, any order made and any notice of the first hearing that the defendant may attend.

Service of respect orders - general

65.54.

Where a respect order or interim respect order has been granted, the claimant must, as soon as practicable—

(a)

serve a copy of the respect order or interim respect order on the defendant personally; and

(b)

after service of the respect order or interim respect order on the defendant, deliver to the police station serving the area where the defendant resides or any police station that the court may direct, and to any supervisor appointed under section D1(1) of the 2014 Act in relation to a requirement in that respect order or interim respect order—

(i)

a copy of the respect order or interim respect order; and

(ii)

a certificate of service confirming that the defendant has been served with the respect order or interim respect order as appropriate.

Application to vary or discharge a respect order or interim respect order

65.55.

(1)

An application to vary or discharge a respect order or interim respect order under section G1 of Part A1 of the 2014 Act must be made in accordance with Part 23.

(2)

Where an order is made varying or discharging any aspect of the respect order or interim respect order (“the variation or discharge order”), the claimant must—

(a)

immediately inform the defendant and the police station and any supervisor to which a copy of the respect order or interim respect order and certificate of service were delivered under rule 65.54(b) that the variation or discharge order has been made; and

(b)

as soon as practicable—

(i)

serve on the defendant personally a copy of the variation or discharge order; and

(ii)

after service of the variation or discharge order on the defendant, deliver a copy of the variation or discharge order to any police station and any supervisor informed of that order under sub-paragraph (a), together with a certificate of service confirming that the defendant has been served with a copy of that order.”.