See also Practice Direction
65
Part
65
PROCEEDINGS RELATING TO ANTI-SOCIAL BEHAVIOUR AND
HARASSMENT
|
|
Scope of this Part
|
|
65.1 |
This Part contains rules
–
|
| | (a)
|
in Section I, about injunctions
under the Housing Act 1996Acts1;
|
|
| | (b)
|
in Section II, about
applications by local authorities under section 91(3) of the Anti-social
Behaviour Act 20032 for a
power of arrest to be attached to an injunction;
|
|
| | (c)
|
in Section III, about claims
for demotion orders under the Housing Act 19853
and Housing Act 1988Acts4 and
proceedings relating to demoted tenancies;
|
|
| | (d)
|
in Section IV, about
anti-social behaviour orders under the Crime and Disorder Act 19985;
|
|
| | (e)
|
in Section V, about claims
under section 3 of the Protection from Harassment Act 1997Acts6
and;
|
|
| | (g)
|
in Section VII, about parenting
orders under sections 26A and 26B of the Anti-social Behaviour Act
20037.
|
|
|
Insert text in Rule 65.1(e) w/e from 1 October 2008,
Rule 65.1(f) omitted w/e from 1 October 2008,
Text of Rule 65.1 altered
w/e from 1 October 2007. |
I
HOUSING ACT 1996 INJUNCTIONS
|
|
Scope of this Section and
interpretation
|
|
65.2 |
|
| | (1)
|
This Section applies to
applications for an injunction and other related proceedings under Chapter III
of Part V of the Housing Act 1996Acts (injunctions against anti-social
behaviour).
|
|
| | (2)
|
In this Section ‘the 1996
Act’ means the Housing Act 1996Acts.
|
|
|
|
Applications for an injunction
|
|
65.3 |
|
| | (1)
|
An application for an injunction
under Chapter III of Part V
of the 1996 Actshall
be subject to the Part 8 procedure as modified by this rule and the relevant
practice direction.
|
|
| | (2)
|
The application must be
–
|
| | (a)
|
made by a claim form in
accordance with the relevant practice direction;
|
|
| | (b)
|
commenced in the court for
the district in which the defendant resides or the conduct complained of
occurred; and
|
|
| | (c)
|
supported by a
witness statement which must be
filed with the claim form.
|
|
|
| | (3)
|
The claim form must state
–
|
| | (a)
|
the matters required by rule
8.2; and
|
|
| | (b)
|
the terms of the injunction
applied for.
|
|
|
| | (4)
|
An application under this rule may
be made without notice and where such an application without notice is made
–
|
| | (a)
|
the witness
statement in support of the
application must state the reasons why notice has not been given;
and
|
|
| | (b)
|
the following rules do not
apply –
|
|
|
| | (5)
|
In every application made on
notice, the application notice must be served, together with a copy of the witness
statement, by the claimant on
the defendant personally.
|
|
| | (6)
|
An application made on notice may
be listed for hearing before the expiry of the time for the defendant to file
an acknowledgement of service under rule 8.3, and in such a case –
|
| | (a)
|
the claimant must serve the
application notice and witness
statement on the defendant not
less than two days before the hearing; and
|
|
| | (b)
|
the defendant may take part
in the hearing whether or not he has filed an acknowledgment of
service.
|
|
|
References to Affidavits replaced by Witness Statements in Rule 65.3 w/e from 1 September 2004,
Wording changed in Rule 65.3(1) w/e from 1 September 2004. |
|
|
Injunction containing provisions to which a power of
arrest is attached
|
|
65.4 |
|
| | (1)
|
In this rule ‘relevant
provision’ means a provision of an injunction to which a power of arrest
is attached.
(Sections 153C(3) and
153D(4) of the 1996 Act8
confer powers to attach a power of arrest to an
injunction)
|
|
| | (2)
|
Where an injunction contains one or
more relevant provisions –
|
| | (a)
|
each relevant provision must
be set out in a separate paragraph of the injunction; and
|
|
| | (b)
|
subject to paragraph (3), the
claimant must deliver a copy of the relevant provisions to any police station
for the area where the conduct occurred.
|
|
|
| | (3)
|
Where the injunction has been
granted without notice, the claimant must not deliver a copy of the relevant
provisions to any police station for the area where the conduct occurred before
the defendant has been served with the injunction containing the relevant
provisions.
|
|
| | (4)
|
Where an order is made varying or
discharging any relevant provision, the claimant must –
|
| | (a)
|
immediately inform the police
station to which a copy of the relevant provisions was delivered under
paragraph (2)(b); and
|
|
| | (b)
|
deliver a copy of the order
to any police station so informed.
|
|
|
|
|
Application for warrant of arrest under section
155(3) of the 1996 Act9
|
|
65.5 |
|
| | (1)
|
An application for a warrant of
arrest under section 155(3) of the 1996 Act must be made in accordance with
Part 23 and may be made without notice.
|
|
| | (2)
|
An applicant for a warrant of
arrest under section 155(3) of the 1996 Act must –
|
| | (a)
|
file an affidavit setting out
grounds for the application with the application notice; or
|
|
| | (b)
|
give oral evidence as to the
grounds for the application at the hearing.
|
|
|
|
|
Proceedings following arrest
|
|
65.6 |
|
| | (1)
|
This rule applies where a person is
arrested pursuant to –
|
| | (a)
|
a power of arrest attached to
a provision of an injunction; or
|
|
|
| | (2)
|
The judge before whom a person is
brought following his arrest may –
|
| | (a)
|
deal with the matter;
or
|
|
| | (b)
|
adjourn the
proceedings.
|
|
|
| | (3)
|
Where the proceedings are adjourned
the judge may remand the arrested person in accordance with section 155(2)(b)
or (5) of the 1996 Act.
|
|
| | (4)
|
Where the proceedings are adjourned
and the arrested person is released –
|
| | (a)
|
the matter must be dealt with
(whether by the same or another judge) within 28 days of the date on which the
arrested person appears in court; and
|
|
| | (b)
|
the arrested person must be
given not less than 2 days' notice of the hearing.
|
|
|
| | (5)
|
An application notice seeking the
committal for contempt of court of the arrested person may be issued even if
the arrested person is not dealt with within the period mentioned in paragraph
(4)(a).
|
|
| | (6)
|
CCR Order 29, rule 1 shall apply
where an application is made in a county court to commit a person for breach of
an injunction, as if references in that rule to the judge included references
to a district judge.
(For applications in
the High Court for the discharge of a person committed to prison for contempt
of court see RSC Order 52, rule 8. For such applications in the county court
see CCR Order 29, rule 3.)
|
|
|
|
Recognizance
|
|
65.7 |
|
| | (1)
|
Where, in accordance with paragraph
2(2)(b) of Schedule 15 to the 1996 Act, the court fixes the amount of any
recognizance with a view to it being taken subsequently, the recognizance may
be taken by –
|
| | (b)
|
a justice of the
peace;
|
|
| | (d)
|
a police officer of the rank
of inspector or above or in charge of a police station; or
|
|
| | (e)
|
where the arrested person is
in his custody, the governor or keeper of a prison,
|
with the same
consequences as if it had been entered into before the
court.
|
|
| | (2)
|
The person having custody of an
applicant for bail must release him if satisfied that the required
recognizances have been taken.
|
|
II
APPLICATIONS BY LOCAL AUTHORITIES FOR POWER OF ARREST TO BE
ATTACHED TO AN INJUNCTION
|
|
Scope of this Section and
interpretation
|
|
65.8 |
|
| | (1)
|
This Section applies to
applications by local authorities under section 91(3) of the Anti-social
Behaviour Act 200310
or under section 27(3) of the Police and Justice Act
200611
for a power of arrest to be attached to an
injunction.
(Section 91 of the
2003 Act and section 27 of the
2006 Act apply to proceedings in
which a local authority is a party by virtue of section 222 of the Local
Government Act 197212 (power
of local authority to bring, defend or appear in proceedings for the promotion
or protection of the interests of inhabitants in their
area)
|
|
| | (2)
|
In this Section ‘the 2003
Act’ means the Anti-social Behaviour Act 2003.
|
|
| | (3)
|
In this Section ‘the 2006
Act’ means the Police and Justice Act 2006.
|
|
| Text of Rule 65.8 altered
w/e from 1 October 2007. |
|
|
Applications under section 91(3) of the 2003 Act or
section 27(3) of the 2006 Act for
a power of arrest to be attached to any provision of an
injunction
|
|
65.9 |
|
| | (1)
|
An application under section 91(3)
of the 2003 Act or section
27(3) of the 2006 Act for a
power of arrest to be attached to any provision of an injunction must be made
in the proceedings seeking the injunction by –
|
| | (b)
|
the acknowledgment of
service;
|
|
| | (c)
|
the defence or counterclaim
in a Part 7 claim; or
|
|
|
| | (2)
|
Every application must be supported
by written evidence.
|
|
| | (3)
|
Every application made on notice
must be served personally, together with a copy of the written evidence, by the
local authority on the person against whom the injunction is sought not less
than 2 days before the hearing.
(Attention is drawn
to rule 25.3(3) – applications without
notice)
|
|
| Text of Rule 65.9 altered
w/e from 1 October 2007. |
|
|
Injunction containing provisions to which a power of
arrest is attached
|
|
65.10 |
|
| | (1)
|
Where a power of arrest is attached
to a provision of an injunction on the application of a local authority under
section 91(3) of the 2003 Act, the following rules in Section I of this Part
shall apply –
|
| | (b)
|
paragraphs (1), (2), (4) and
(5) of rule 65.6.
|
|
|
| | (1A)
|
Where a power of arrest is attached
to a provision of an injunction on the application of a local authority under
section 27(3) of the 2006 Act, the following rules in Section I of this Part
apply –
|
| | (b)
|
paragraphs (1), (2), (4) and
(5) of rule 65.6;
|
|
| | (c)
|
paragraph (1) of rule 65.7,
as if the reference to paragraph 2(2)(b) of Schedule 15 to the Housing Act
199613 was a reference to
paragraph 2(2)(b) of Schedule 10 to the 2006 Act; and
|
|
|
| | (2)
|
CCR Order 29, rule 1 shall apply
where an application is made in a county court to commit a person for breach of
an injunction.
|
|
| Rule 65.8(1A) inserted
w/e from 1 October 2007. |
III
DEMOTION
CLAIMS, PROCEEDINGS RELATED TO DEMOTED TENANCIES AND APPLICATIONS TO SUSPEND
THE RIGHT TO BUY
|
|
Scope of this Section and
interpretation
|
|
65.11 |
|
| | (1)
|
This Section applies to
–
|
| | (a)
|
claims by a landlord for an
order under section 82A of the Housing Act 198514
or under section 6A of the Housing Act 1988Acts15
(‘a demotion order’);
|
|
| | (aa)
|
claims by a landlord for an
order under section 121A of the Housing Act 1985 (‘a suspension
order’); and
|
|
| | (b)
|
proceedings relating to a
tenancy created by virtue of a demotion order.
|
|
|
| | (2)
|
In this Section –
|
| | (a)
|
‘a demotion
claim’ means a claim made by a landlord for a demotion order;
|
|
| | (b)
|
‘a demoted
tenancy’ means a tenancy created by virtue of a demotion order;
|
|
| | (c)
|
‘suspension
claim’ means a claim made by a landlord for a suspension order;
and
|
|
| | (d)
|
‘suspension
period’ means the period during which the suspension order suspends the
right to buy in relation to the dwelling house.
|
|
|
New Rule 65.11(1)(aa) added w/e from 1 October 2005,
New Rule 65.11(2)(c) and (d) added w/e from 1 October 2005. |
|
|
Demotion claims or
suspension claims made in the
alternative to possession claims
|
|
65.12 |
Where a demotion order or
suspension order (or both) is
claimed in the alternative to a possession order, the claimant must use the
Part 55 procedure and Section I of Part 55 applies, except that the claim must
be made in the county court for the district in which the property to which the
claim relates is situated.
|
|
| Rule 65.12 amended w/e from 1 October 2005. |
|
|
Other demotion or
suspension claims
|
|
65.13 |
Where a demotion claim or
suspension claim (or both) is
made other than in a possession claim, rules 65.14 to 65.19 apply.
|
|
| Rule 65.13 amended w/e from 1 October 2005. |
|
|
Starting a demotion or
suspension claim
|
|
65.14 |
|
| | (1)
|
The
claim must be made in the county
court for the district in which the property to which the claim relates is
situated.
|
|
| | (2)
|
The claim form and form of defence
sent with it must be in the forms set out in the relevant practice
direction.
(The relevant
practice direction and Part 16 provide details about the contents of the
particulars of claim)
|
|
| Rule 65.14 amended w/e from 1 October 2005. |
|
|
Particulars of claim
|
|
65.15 |
The particulars of claim must be
filed and served with the claim form.
|
|
|
|
Hearing date
|
|
65.16 |
|
| | (1)
|
The court will fix a date for the
hearing when it issues the claim form.
|
|
| | (2)
|
The hearing date will be not less
than 28 days from the date of issue of the claim form.
|
|
| | (3)
|
The standard period between the
issue of the claim form and the hearing will be not more than 8
weeks.
|
|
| | (4)
|
The defendant must be served with
the claim form and the particulars of claim not less than 21 days before the
hearing date.
(Rule 3.1(2)(a)
provides that the court may extend or shorten the time for compliance with any
rule and rule 3.1(2)(b) provides that the court may adjourn or bring forward a
hearing)
|
|
|
|
Defendant's response
|
|
65.17 |
|
| | (1)
|
An acknowledgement of service is
not required and Part 10 does not apply.
|
|
| | (2)
|
Where the defendant does not file a
defence within the time specified in rule 15.4 he may take part in any hearing
but the court may take his failure to do so into account when deciding what
order to make about costs.
|
|
| | (3)
|
Part 12 (default judgment) does not
apply.
|
|
| Rule 65.17 amended w/e from 1 October 2005. |
|
|
The hearing
|
|
65.18 |
|
| | (1)
|
At the hearing fixed in accordance
with rule 65.16(1) or at any adjournment of that hearing the court may
–
|
| | (b)
|
give case management
directions.
|
|
|
| | (2)
|
Where the
claim is genuinely disputed on
grounds which appear to be substantial, case management directions given under
paragraph (1)(b) will include the allocation of the
claim to a track or directions
to enable it to be allocated.
|
|
| | (3)
|
Except where –
|
| | (a)
|
the
claim is allocated to the fast
track or the multi-track; or
|
|
| | (b)
|
the court directs
otherwise,
|
any fact that needs
to be proved by the evidence of witnesses at a hearing referred to in paragraph
(1) may be proved by evidence in writing.
(Rule 32.2(1) sets out the general rule about
evidence. Rule 32.2(2) provides that rule 32.2(1) is subject to any provision
to the contrary)
|
|
| | (4)
|
All witness statements must be
filed and served at least two days before the hearing.
|
|
| | (5)
|
Where the claimant serves the claim
form and particulars of claim, the
claimant must produce at the
hearing a certificate of service of those documents and rule 6.17(2)(a) does not
apply.
|
|
Rule 65.18 amended w/e from 1 October 2005,
Text substituted in Rule 65.18(5) w/e from 1 October 2008. |
|
|
Allocation
|
|
65.19 |
When the court decides the track
for the claim,
the matters to which it shall have regard include –
|
| | (b)
|
the nature and extent of the
conduct alleged.
|
|
|
| Rule 65.19 amended w/e from 1 October 2005. |
|
|
Proceedings relating to demoted tenancies
|
|
65.20 |
A practice direction may make
provision about proceedings relating to demoted tenancies.
|
|
IV
ANTI-SOCIAL BEHAVIOUR ORDERS UNDER THE CRIME AND DISORDER ACT
1998
|
|
Scope of this Section and
interpretation
|
|
65.21 |
|
| | (1)
|
This Section applies to
applications in proceedings in a county court under sub-sections (2), (3) or
(3B) of section 1B of the Crime and Disorder Act 199816
by a relevant authority, and to applications for interim orders under section
1D of that Act.
|
|
| | (2)
|
In this Section –
|
| | (a)
|
‘the 1998 Act’
means the Crime and Disorder Act 1998;
|
|
| | (b)
|
‘relevant
authority’ has the same meaning as in section 1(1A) of the 1998 Act;
and
|
|
| | (c)
|
‘the principal
proceedings’ means any proceedings in a county court.
|
|
|
|
|
Application where the relevant
authority is a party in principal proceedings
|
|
65.22 |
|
| | (1)
|
Subject to paragraph (2)
–
|
| | (a)
|
where the relevant authority is the claimant in the principal proceedings, an application under section
1B(2) of the 1998 Act for an order under section 1B(4) of the 1998 Act must be
made in the claim form; and
|
|
| | (b)
|
where the relevant authority is a defendant in the principal proceedings, an application for an order must
be made by application notice which must be filed with the
defence.
|
|
|
| | (2)
|
Where the relevant authority becomes aware of the circumstances that lead it to apply for an order after its
claim is issued or its defence filed, the application must be made by
application notice as soon as possible thereafter.
|
|
| | (3)
|
Where the application is made by
application notice, it should normally be made on notice to the person against
whom the order is sought.
|
|
|
|
Application by a relevant authority to join a person
to the principal proceedings
|
|
65.23 |
|
| | (1)
|
An application under section 1B(3B)
of the 1998 Act by a relevant authority which is a party to the principal
proceedings to join a person to the principal proceedings must be made
–
|
| | (a)
|
in accordance with Section I
of Part 19;
|
|
| | (b)
|
in the same application
notice as the application for an order under section 1B(4) of the 1998 Act
against the person; and
|
|
| | (c)
|
as soon as possible after the
relevant authority considers that the criteria in section 1B(3A) of the 1998
Act are met.
|
|
|
| | (2)
|
The application notice must contain
–
|
| | (a)
|
the relevant authority's
reasons for claiming that the person's anti-social acts are material in
relation to the principal proceedings; and
|
|
| | (b)
|
details of the anti-social
acts alleged.
|
|
|
| | (3)
|
The application should normally be
made on notice to the person against whom the order is sought.
|
|
|
|
Application where the relevant authority is not party
in principal proceedings
|
|
65.24 |
|
| | (1)
|
Where the relevant authority is not
a party to the principal proceedings –
|
| | (a)
|
an application under section
1B(3) of the 1998 Act to be made a party must be made in accordance with
Section I of Part 19; and
|
|
| | (b)
|
the application to be made a
party and the application for an order under section 1B(4) of the 1998 Act must
be made in the same application notice.
|
|
|
| | (2)
|
The applications –
|
| | (a)
|
must be made as soon as
possible after the authority becomes aware of the principal proceedings;
and
|
|
| | (b)
|
should normally be made on
notice to the person against whom the order is sought.
|
|
|
|
|
Evidence
|
|
65.25 |
An application for an order under
section 1B(4) of the 1998 Act must be accompanied by written evidence, which
must include evidence that section 1E of the 1998 Act has been complied
with.
|
|
|
|
Application for an interim order
|
|
65.26 |
|
| | (1)
|
An application for an interim order
under section 1D of the 1998 Act must be made in accordance with Part
25.
|
|
| | (2)
|
The application should normally be
made –
|
| | (a)
|
in the claim form or
application notice seeking the order; and
|
|
| | (b)
|
on notice to the person
against whom the order is sought.
|
|
|
V
PROCEEDINGS UNDER THE PROTECTION FROM HARASSMENT ACT
1997
|
|
Scope of this Section
|
|
65.27 |
This Section applies to proceedings
under section 3 of the Protection from Harassment Act 1997Acts17 (‘the 1997
Act’).
|
|
|
|
Claims under section 3 of the 1997
Act
|
|
65.28 |
A claim under section 3 of the 1997
Act –
|
| | (a)
|
shall be subject to the Part
8 procedure; and
|
|
| | (b)
|
must be commenced
–
|
| | (i)
|
if in the High Court,
in the Queen's Bench Division;
|
|
| | (ii)
|
if in the county court,
in the court for the district in which the defendant resides or carries on
business or the court for the district in which the claimant resides or carries
on business.
|
|
|
|
|
|
Applications for issue of a warrant of arrest under
section 3(3) of the 1997 Act
|
|
65.29 |
|
| | (1)
|
An application for a warrant of
arrest under section 3(3) of the 1997 Act –
|
| | (a)
|
must be made in accordance
with Part 23; and
|
|
| | (a)
|
may be made without
notice.
|
|
|
| | (2)
|
The application notice must be
supported by affidavit evidence which must –
|
| | (a)
|
set out the grounds for the
application;
|
|
| | (b)
|
state whether the claimant
has informed the police of the conduct of the defendant as described in the
affidavit; and
|
|
| | (c)
|
state whether, to the
claimant's knowledge, criminal proceedings are being pursued.
|
|
|
|
|
Proceedings following arrest
|
|
65.30 |
|
| | (1)
|
The judge before whom a person is
brought following his arrest may –
|
| | (a)
|
deal with the matter;
or
|
|
| | (b)
|
adjourn the
proceedings.
|
|
|
| | (2)
|
Where the proceedings are adjourned
and the arrested person is released –
|
| | (a)
|
the matter must be dealt with
(whether by the same or another judge) within 28 days of the date on which the
arrested person appears in court; and
|
|
| | (b)
|
the arrested person must be
given not less than 2 days' notice of the hearing.
|
|
|
VII
PARENTING ORDERS UNDER THE ANTI-SOCIAL BEHAVIOUR ACT
2003
|
|
Scope of this Section and
interpretation
|
|
65.37 |
|
| | (1)
|
This Section of this Part applies
in relation to applications for parenting orders under sections 26A and 26B of
the Anti-social Behaviour Act 2003 by a relevant authority.
|
|
| | (2)
|
In this Section –
|
| | (a)
|
‘the 2003 Act’
means the Anti-social Behaviour Act 2003; and
|
|
| | (b)
|
‘relevant
authority’ has the same meaning as in section 26C of the 2003
Act.
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| Rule 65.37 added
w/e from 1 October 2007. |
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Applications for parenting orders
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65.38 |
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| | (1)
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Subject to paragraph (2)
–
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| | (a)
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where the relevant authority is the claimant in the proceedings, an application for an order under section
26A or 26B of the 2003 Act must be made in the claim form; and
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| | (b)
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where the relevant authority is a defendant in the proceedings, an application for such an order must be
made by application notice which must be filed with the defence.
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|
| | (2)
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Where the relevant authority becomes aware of the circumstances that lead it to apply for an order after its
claim is issued or its defence filed, the application must be made by
application notice as soon as possible thereafter.
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|
| | (3)
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Where the application is made by
application notice, it must normally be made on notice to the person against
whom the order is sought.
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| Rule 65.38 added
w/e from 1 October 2007. |
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Applications by the relevant authority to be joined
to proceedings
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|
65.39 |
|
| | (1)
|
Where the relevant authority is not
a party to the proceedings –
|
| | (a)
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an application under section
26C(2) of the 2003 Act to be made a party must be made in accordance with
Section I of Part 19; and
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|
| | (b)
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the application to be made a
party and the application for an order under section 26A or 26B of the 2003 Act
must be made in the same application notice.
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|
| | (2)
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The applications –
|
| | (a)
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must be made as soon as
possible after the relevant authority becomes aware of the proceedings;
and
|
|
| | (b)
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must normally be made on
notice to the person against whom the order is sought.
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|
|
| Rule 65.39 added
w/e from 1 October 2007. |
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Applications by the relevant authority to join a
parent to proceedings
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65.40 |
|
| | (1)
|
An application under section
26C(3) of the 2003 Act by a relevant authority which is a party to the
proceedings to join a parent to those proceedings must be made –
|
| | (a)
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in the same application
notice as the application for an order under section 26A or 26B of the 2003
Act; and
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|
| | (b)
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as soon as possible after the
relevant authority considers that the grounds for the application are
met.
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|
|
| | (2)
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Rule 19.2 does not apply in
relation to an application made by a relevant authority under section 26C(3) of
the 2003 Act to join a parent to the proceedings.
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|
| | (3)
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The application notice must contain
–
|
| | (a)
|
the relevant authority’s
reasons for claiming the anti-social behaviour of the child or young person is
material in relation to the proceedings; and
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|
| | (b)
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details of the behaviour
alleged.
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|
| | (4)
|
The application must normally be
made on notice to the person against whom the order is sought.
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| Rule 65.40 added
w/e from 1 October 2007. |
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Evidence
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65.41 |
An application under section 26A,
26B or 26C of the 2003 Act must be accompanied by written
evidence.
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| Rule 65.41 added
w/e from 1 October 2007. |
