The Part 1 Anti-Social Behaviour Injunction (The Anti-Social Behaviour, Crime and Policing Act 2014)
An injunction can be granted against a person aged 10 or over if two conditions are met:
(i) the court is satisfied on the balance of probabilities that the person has engaged or threatens to engage in anti-social behaviour; and
(ii) the court considers it just and convenient to grant the injunction to prevent the person engaging in anti-social behaviour.
An 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 should improve the current ASB Injunction, ensuring 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.
An injunction is granted for a specific period of time, will name the person responsible for supervising compliance with the injunction and can include a power of arrest if breached. The injunction 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 also preventing the individual involved from getting into crime. This is a purely civil order, and does not give the individual a criminal record.
The inclusion of positive requirements is new in comparison to the old Injunction to prevent nuisance and annoyance, employed by landlords. To include a positive requirement within the terms of an injunction, eg. attendance on a drugs rehabilitation course, the agency asking for it must:
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
The Civil Justice Council (CJC) produced the following report in 2020 in relation to Injunctions highlighting some serious concerns over their use and made 15 recommendations. You can download a copy of this report below: –