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Injunctions and Orders Against Anti-social or Violent Individuals [Multiple-component retail product]

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  • Formatas: Multiple-component retail product, 384 pages, aukštis x plotis x storis: 246x156x19 mm, forms, Contains 1 Paperback / softback and 1 CD-ROM
  • Išleidimo metai: 30-Sep-2009
  • Leidėjas: Jordan Publishing
  • ISBN-10: 1846611849
  • ISBN-13: 9781846611841
Kitos knygos pagal šią temą:
Injunctions and Orders Against Anti-social or Violent IndividualsDidesnis paveikslėlis
  • Formatas: Multiple-component retail product, 384 pages, aukštis x plotis x storis: 246x156x19 mm, forms, Contains 1 Paperback / softback and 1 CD-ROM
  • Išleidimo metai: 30-Sep-2009
  • Leidėjas: Jordan Publishing
  • ISBN-10: 1846611849
  • ISBN-13: 9781846611841
Kitos knygos pagal šią temą:
Pastovi nuoroda: https://www.kriso.lt/db/9781846611841.html
Raktažodžiai:
Anti-social or violent behaviour can take many forms and there are numerous legal remedies for addressing such problems. This new work brings together in one volume the law and procedure relating to civil injunctions for anti-social or violent individuals and focuses on the procedural requirements of such actions. Coverage includes: * Anti-social Behaviour Orders; * Anti-social Behaviour Injunctions; * Drinking Banning Orders; * Protection from Harassment Injunctions; * Local Government Act Injunctions; * Family Law Act Injunctions; and * Forced Marriage Protection Orders. The authors provide a detailed guide to the legal framework underpinning each area, together with practical advice on bringing and defending proceedings. Each chapter contains commentary and checklists for compliance with relevant procedure and precedents. A comprehensive suite of expertly drafted precedents for use in these cases is included in an accompanying CD-ROM. Injunctions and Orders Against Anti-social or Violent Individuals will be suitable for solicitors and barristers specialising in housing, local government issues and family law, as well as Registered Social Landlords, the Police and Youth Offending Teams.
Table of Cases xiii
Table of Statutes xix
Table of Statutory Instruments xxiii
Chapter 1 Introduction 1
Who may apply
2
Duration of any order granted
2
Breach of order
2
Age and mental capacity
3
Structure of this book
3
Chapter 2 Anti-Social Behaviour Orders 5
Introduction
5
Which court to use?
8
Magistrates' courts
8
County courts
8
Who may apply?
9
Who is entitled to protection?
9
Potential defendants
10
Conditions to be satisfied before an application is made
11
Notification to defendants
11
Making an application
11
Time-limits for making an application
13
Interim orders
14
Variation and discharge of interim orders
16
Directions
16
Suggested directions
19
The final hearing
19
Evidence
20
Hearsay evidence
20
Previous convictions
23
Special measures directions
23
Orders on conviction
23
Reporting restrictions
25
Conducting the final hearing without the defendant
27
Procedure at the hearing
27
Conditions
27
Burden and standard of proof
28
Decision as to defendant's behaviour
28
Examples of behaviour
29
Necessity for order
30
Terms of the order
31
Prohibitions
31
Duration
34
Variation and discharge
35
Intervention orders
35
Individual support orders
36
Parenting orders
37
One-year review of juveniles' ASBOs
38
Reminder/checklist for content of order
38
Breach
39
Court
39
Proof of the original order
40
Standard of proof
40
Sentencing powers
40
Appeals
42
Applicant's appeals
42
Defendant
42
Appeal hearing
42
Appeals to the High Court
43
Costs
44
Representation
44
Procedure in the county courts
45
Defending proceedings
46
Drinking banning orders
47
Preconditions for making an application
48
Procedure on application
48
Applications in the county court
48
Interim orders
48
Standard of proof
49
Making the final order
49
Contents of the order
49
Variation and discharge
50
Approved courses
50
Breach of orders
51
Checklists, forms and precedents
51
1. Application in the county court for an anti-social behaviour order under the Crime and Disorder Act 1998 s 1B
52
2. Application in the county court for an interim anti-social behaviour order
54
3. ASBO and ASBI case management directions
55
4. Directions order in a claim where a defendant is joined for the purpose of obtaining an ASBO against him
57
5. ASBO under section 1B CDA 1998
59
6. ASBO under section 1D CDA 1998
60
7. Committal or other order upon proof of disobedience of a court order or breach of an undertaking
61
Chapter 3 Anti-social Behaviour Injunctions 65
Introduction
65
Types of Injunctions under the Housing Act 1996
66
Anti-social behaviour (s 153A)
66
Unlawful use of premises (s 153B)
67
Breach of tenancy agreement (s 153D)
67
Potential claimants
68
Potential defendants
68
The 'conduct test' (s 153A)
69
Injunctions against unlawful use of premises (s 153B)
71
Exclusion orders and powers of arrest (s 153C)
71
Injunction against breach of tenancy agreement (s 153D)
72
Drafting the order
73
Procedure
73
Injunctions
73
Which court?
74
Essential pleadings/documents/service
74
Service
75
On notice applications
75
Without notice applications
75
Jurisdiction
76
Suspension claims that are coupled with possession claims (CPR PD65, para 5A)
77
Fixing the date of the hearing
78
The final hearing
78
Burden of proof
79
The order
79
Injunctions
79
Duration of order/variation/discharge
81
Undertakings
82
Funding
82
Breach of an injunction order
82
Timescales in the case of adjournment or remand
84
Adjournment (CPR, r 65.6(4))
84
Remand on bail (Sch 15, para 4)
84
Remand in custody
85
Remand for medical examination/report
85
Applications for bail
85
Legal representation
86
Legal aid
86
Absence of parties
87
Applicant
87
Respondent
87
Absence of witnesses
88
The judgment/order
88
Punishment
88
Purging contempt
90
Appeals against injunctions
90
Appeals against committals
91
Costs
91
Checklists, forms and precedents
92
1. Application for anti-social behaviour injunction under section 153A Housing Act 1996
93
2. Section 153C pre-conditions for exclusion order and/or power of arrest in respect of injunctions under sections 153A and 153B
94
3. Application for injunction against unlawful use of premises under section 153B Housing Act 1996
94
4. Section 153C pre-conditions for exclusion order and/or power of arrest in respect of injunctions under sections 153A and 153B
95
5. Application for injunction against breach of tenancy agreement under section 153D Housing Act 1996
95
6. Applications under Housing Act 1996 on short notice or ex parte
96
7. Arrest under power of arrest for breach of injunction under chapter III of Part V Housing Act 1996
96
8. Application for committal for breach of injunction under chapter III of Part V Housing Act 1996
99
9. Interim anti-social behaviour injunction under sections 153A, 153B, 153C, 153D and/or 153E Housing Act 1996
101
10. Anti-social behaviour injunction — power of arrest under section 153C and/or 153D Housing Act 1996
102
11. Anti-social behaviour injunction — power of arrest under section 153C Housing Act 1996
103
12. Anti-social behaviour injunction — power of arrest under section 153D Housing Act 1996
104
Chapter 4 Local Government Act Injunctions 105
Introduction
105
Potential claimants
107
Potential defendants
108
Juveniles and those under a disability
108
Procedure
109
Conditions to be satisfied before the order is granted
109
Interim injunctions
111
Final injunctions
115
Defending applications for an injunction under s 222
115
Terms of the order
116
Power of arrest
117
Enforcement
118
Costs
118
Checklists, forms and precedents
119
1. Local Government Act s 222: test for grant of interim injunction (checklist)
120
2. Application for injunction
121
3. Claim form
123
4. Claimant's witness statements in support of an application for an interim injunction
127
Witness statement in support of an application for an interim injunction
127
Witness statement in support of an application for an interim injunction
129
5. Draft Order
132
Chapter 5 Protection from Harassment 135
Introduction
135
Potential claimants
138
Potential defendants
140
Accessories
142
Juveniles
142
Procedure for claim/application
143
Exceptionally urgent situations
143
Injunction before claim commenced
143
Urgent, but opportunity to issue claim
144
Application for interim injunction after claim
144
Period of interim injunction
145
Final injunction
145
Conditions to be satisfied before injunction granted
146
Threshold test for interim injunctions
146
Standard of proof
147
Unlawful conduct
147
'A course of conduct'
147
'Harassment'
148
Objective test of harassment
150
Exceptions
151
Balancing the claimant's right not to be harassed against the defendant's right to freedom of expression and assembly
151
Terms of the order
156
Interim injunctions
156
Prohibited activity
156
Protected persons
157
Persons restrained
157
Other terms
158
Final injunctions
158
Enforcement
158
Costs
159
Checklists, forms and precedents
159
1. Checklist: protection from harassment: elements of statutory tort
160
2. Procedural checklist: protection from harassment: interim injunctions
161
3. Application for injunction
163
4. Claim form
166
5. Claimant's witness statement in support of an application for an injunction
168
Claimant's witness statement in support of an application for an injunction
168
6. Defendant's statement in response to claimant's application for an interim injunction
172
Defendant's statement in response to claimant's application for an interim injunction
172
7. Application for injunction (harassment by protest)
177
8. Claimant's witness statement in support of interim injunction (harassment by protest)
179
Claimant's witness statement in support of interim injunction
179
9. Draft order (harassment by protest)
182
Chapter 6 Family Law Act 1996 Injunctions 185
Introduction
185
Meaning of 'occupation order' and 'non-molestation order'
185
Non–molestation orders
187
Defmition of 'relative'
188
Defmition of 'relevant child'
188
Relationships covered by the Act
188
Making the application
189
Own motion non-molestation orders
189
Procedure for 'on notice' applications for non-molestation orders
190
Procedure for without notice applications
193
Which court, underage parties and mental capacity
196
Conditions to be satisfied before injunction granted
198
Occupation orders
198
'Home rights'
199
Potential applicants and respondents
200
Procedure for 'on notice' applications
202
Requirements for occupation orders
202
Details of property
202
Maintenance of property
202
Ownership and legal interest in property
202
Choice of venue
203
Conditions to be satisfied before injunction granted
203
Procedure for without notice applications
205
Undertakings
205
Terms of the order
206
Non-molestation orders
206
Duration of orders
207
Service of the order
208
Enforcement of the order
209
Power of arrest
210
Warrants for arrest
213
Committal for contempt of court
214
Burden of proof
215
Costs
216
Forms
216
1. Non-molestation Order under section 42 of the Family Law Act 1996
217
2. Occupation Order under Family Law Act 1996 section 33 only
221
3. Occupation Order under Family Law Act 1996 sections 35, 36, 37 & 38 only
225
4. Record of Occupation Order to which the Power of Arrest has been attached
228
Chapter 7 Family Law Act 1996, Part IVA: Forced Marriage Protection Orders 229
Introduction
229
Meaning of 'forced marriage'
229
Forced marriage protection orders
229
Who may apply
230
Which court?
230
Applications for leave
231
Making the application
231
Procedure for 'on notice' applications for forced marriage protection orders
232
Ex parte applications and orders
232
Conditions to be satisfied before injunction granted
233
Adding or removing parties
233
Third party disclosure
234
The hearing
234
Service of the order
235
Applications to vary or discharge orders
235
Undertakings
235
Terms of the order
235
Duration of orders
235
Enforcement of the order
236
Forms
236
1. Forced Marriage Protection Order under Part 4A of the Family Law Act 1996
237
Appendix Statutory Materials 241
Local Government Act 1972
241
Magistrates' Courts Act 1980
246
Housing Act 1985
246
Housing Act 1988
249
Family Law Act 1996
251
Housing Act 1996
289
Protection from Harassment Act 1997
295
Crime and Disorder Act 1998
300
Human Rights Act 1998
318
Violent Crime Reduction Act 2006
320
Police and Justice Act 2006
330
Family Proceedings Rules 1991
334
Magistrates' Courts (Anti-Social Behaviour Orders) Rules 2002
347
Index 351