Section 43 Arrest without warrantI1

England and Wales

(1)

This section applies if a power of arrest is attached to a provision of an injunction under this Part.

(2)

A constable may arrest without warrant a person whom the constable has reasonable cause to suspect to be in breach of the provision.

(3)

If a constable arrests a person under subsection (2), the constable must inform the person who applied for the injunction.

(4)

A person arrested under subsection (2) must be brought before a relevant judge within the period of 24 hours beginning with the time of the arrest.

(5)

If the matter is not disposed of when the person is brought before the judge, the judge may remand the person.

(6)

In calculating when the period of 24 hours mentioned in subsection (4) ends, Christmas Day, Good Friday and any Sunday are to be disregarded.

(7)

In this Part “relevant judge”, in relation to an injunction, F1means a judge of the court that granted the injunction, except that where—

(a)

the respondent is aged 18 or over, but

(b)

the injunction was granted by a youth court,

it means a judge of the county court.

Annotations

F1: Words in s. 43(7) substituted (1.6.2015) by Crime and Courts Act 2013 (c. 22), ss. 18(3), 61(2) (with s. 18(6)); S.I. 2015/813, art. 3(a)

F1: Words in Pt. 4 heading inserted (1.6.2015) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 4 para. 83; S.I. 2015/820, reg. 3(q)(ix)