What is a civil injunction?
Refer to Part 1 Anti-Social Behaviour Crime and Policing Act 2014.
A civil injunction is a civil court order that orders one or more parties to carry out or refrain from doing a specific act or acts. It is a protective measure to preserve or prevent the loss of an asset, protect someone against personal harm, prevent loss or damage to reputation and safeguard business or personal interest.
A civil injunction can be applied for by the police, a local authority, a housing provider, the British Transport Police Force, Transport for London, the Environment Agency or the NHS Business Services Authority. The fact that it can be applied for by a range of agencies, ensures that it can be used in a wider range of circumstances such as anti-social behaviour against hospital staff, shop staff, and nightmare neighbours in the private rented sector.
A civil injunction is granted for a specific period of time and can include a power of arrest if breached. It will require the person who is committing anti-social behaviour either to do a certain thing or prohibit them from doing a certain thing with the aim of stopping the anti-social behaviour and prevent the individual getting involved in crime. This is a purely civil order; it does not give the individual a criminal record.
Other types of injunctions
Injunctions come in various forms, each designed to address specific needs and situations. It is important to be aware of the different types to determine the most appropriate course of action. On this site we specifically discuss the civil injunction (Part 1 ASB Crime and Policing Act 2014).
What are the conditions for an injunction?
An injunction can be granted against a person aged 10 or over if two conditions are met:
- The court is satisfied that on the balance of probabilities that the person has engaged or threatens to engage in anti-social behaviour.
- The court considers it just and convenient to grant the injunction to prevent the person engaging in anti-social behaviour.
For the purpose of a civil injunction, anti-social behaviour is defined as:
- Non-housing related – anti-social behaviour in a non-housing related context is that the conduct concerned has caused, or is likely to cause, harassment, alarm, or distress to any person. This will apply, for example, where the anti-social behaviour has occurred in a public place, such as a town or city centre, shopping mall, or local park, and where the behaviour does not affect the housing management functions of a social landlord or people in their homes.
- Housing-related – anti-social behaviour in a housing context is conduct is capable of causing nuisance or annoyance to a person in relation to that person’s occupation of residential premises or conduct capable of causing housing-related nuisance or annoyance to any person. Only social landlords, local councils or the police are able to apply for an injunction under these provisions. In the case of social landlords only, “housing-related” means directly or indirectly relating to their housing management function.
Prohibitions and positive requirements can be considered and can be used to prevent anti-social behaviour.
Prohibition within the terms of an injunction can include:
- Must not associate with a particular person.
- Must not be present in a particular area.
- Must not be in possession of a specific item (consideration must be given to whether any item would also constitute a criminal offence, e.g. offensive weapon, going equipped for theft).
To include a positive requirement within the terms of an injunction, e.g. attendance on a drugs rehabilitation course, the agency asking for it must:
- Believe it is necessary.
- Have the resources to make it happen.
- Have a named individual or organisation who will ensure compliance with this requirement.
What happens if an injunction is breached?
Breaching an injunction is a ‘contempt of court’ and is dealt with in civil court, however a proven breach can mean that the court punishes a perpetrator through a term of imprisonment of up to two years or through an unlimited fine. The punishment will usually vary with the reason for which the court gave the injunction.
A power of arrest can be attached to an injunction by a judge. As the name suggests, it gives the police power to arrest the offending party if the injunction order is breached. It is usually only given if the offender has been violent or has threatened to be violent, and there is a reasonable chance that violence will occur in the future.
How do you apply for an injunction?
To obtain an injunction, you will need to make a formal application to the civil court. To make this application, you will need the following:
- A completed N16A
- Relevant grounds to bring the claim.
- A written witness statement including material facts for the court’s consideration together with the evidence in support.
There are two ways in which the application can be made. The first is ‘with notice’ to the respondent and the second is ‘without notice’. If the application is made ‘with notice’, the respondent is told when the hearing will be and the court will listen to the arguments of both parties. The court will then either grant or refuse the injunction.
If the application is made ‘without notice’, the applicant will ask the court to make an order on an interim basis. Sometimes this is dealt with on paper and other times the court will list an urgent hearing. The respondent is not told about the application or when the first hearing is scheduled for. In the case of a hearing, the applicant will be seen by a judge and make their arguments. These are usually used in cases of high risk i.e. threats of violence.
If the judge is persuaded to make an order, they will grant an interim injunction and list a ‘return hearing’. At the return hearing, the court will listen to the arguments of both parties and decide whether to make the interim injunction a ‘final injunction’.
Making an application can be a complicated procedure. Therefore, ASB Help has worked with Barrister Iain Wightwick from Unity Street Chambers to prepare a mock injunction case. Please see the following template documents:
- Example Application for an Injunction (Form N16A) Click here
- Example witness statement Click here
- Draft Injunction Order (Form N16) Click here
- Example Power of Arrest and Template (N110A) Click here
- Template Certificate of Service Document (N215)b Click here
Our thoughts
The intention of a civil injunction is not to seek to criminalise people, it is more intended as a preventative tool with lasting solutions to benefit the whole community.
We have heard from practitioners that costs can often be a deterrent from utilising this piece of legislation, however it is important to consider the risk of not taking this action when appropriate as some situations can quickly escalate. We believe the benefits of effective use of this tool greatly outweigh the cost.
Additionally, the facility to include positive requirements is often beneficial in addressing underlying needs and pre cursors to ASB in a restorative and constructive way. When considering applying positive requirements, it is important have a robust partnership approach, so that no aspects of the case are overlooked. We are aware that these are sometimes not considered or overlooked due to there being no support mechanisms in place, and a conflict of interests may occur when a breach occurred. Consider whether an individual is being set up to fail, or whether the requirement is achievable.