Article 11 Protection from Harassment Act 1997

After rule 15 of Order 94, there shall be inserted the following—

“Proceedings under the Protection from Harassment Act 1997

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(1)

In this rule, “the Act” means the Protection from Harassment Act 1997^f1.

(2)

This rule shall apply to injunctions granted on or after the date of the commencement of this rule and injunctions granted before that date shall be treated as if this rule had not come into force.

(3)

Proceedings in the High Court under section 3 of the Act shall be assigned to the Queen’s Bench Division.

(4)

An application for the issue of a warrant for the arrest of the defendant under section 3(3) of the Act shall—

(a)

state that it is an application for the issue of a warrant for the arrest of the defendant;

(b)

set out the grounds for making the application and be supported by an affidavit or evidence on oath;

(c)

state whether the plaintiff has informed the police of the defendant’s conduct as described in sub-paragraph (b); and

(d)

state whether, to the plaintiff’s knowledge, criminal proceedings are being pursued.

(5)

The Court before whom a person is brought following his arrest may—

(a)

determine whether the facts, and the circumstances which led to the arrest, amounted to disobedience of the injunction, or

(b)

adjourn the proceedings and, where such an order is made, the arrested person shall be released and—

(i)

may be dealt with within 14 days of the day on which he was arrested; and

(ii)

be given not less than 2 days' notice of the adjourned hearing.”.