Article 4 Application to vary, renew or discharge a knife crime prevention order

(1)

An applicant under section 27 of the 2019 Act^f1 for the variation, renewal or discharge of a knife crime prevention order or an interim such order must—

(a)

apply by complaint to the appropriate court as soon as practicable after becoming aware of the grounds for doing so;

(b)

in the application—

(i)

identify the order in respect of which the application to vary, renew or discharge is made,

(ii)

identify the parties to the application,

(iii)

explain on what grounds the applicant is entitled to apply,

(iv)

explain what circumstances have changed since the order was made and why the order should be varied, renewed or discharged as a result,

(v)

if the applicant wants the court to impose an additional prohibition or requirement, explain how the requirements of section 27(7) are met,

(vi)

summarise the facts of which the applicant intends to introduce evidence in support of the application, and

(vii)

unless the defendant to the knife crime prevention order is the applicant under this rule, identify any youth offending team consulted by the applicant before the application under this rule was made;

(c)

unless the court officer agrees to do so, serve the application with a summons issued by the court on, as applicable—

(i)

the applicant for the knife crime prevention order, or

(ii)

the defendant.

(2)

The respondent to an application under this rule must, as soon as practicable—

(a)

serve any representations in response; and

(b)

give notice of any evidence on which the respondent will rely.

(3)

The court may determine an application under this rule in the absence of a party who consents to that determination.

Annotations

Footnotes

f1: 2019 c. 17; section 27 comes into force on a date to be appointed.