Magistrates' Courts (Anti-Social Behaviour Orders) Rules 2002
| Jurisdiction | UK Non-devolved |
2002 No. 2784 (L. 14)
MAGISTRATES' COURTS, ENGLAND AND WALESPROCEDURE
The Magistrates' Courts (Anti-Social Behaviour Orders) Rules 2002
Made 8th November 2002
Laid before Parliament 11th November 2002
Coming into force 2nd December 2002
The Lord Chancellor, in exercise of the powers conferred upon him by section 144 of the Magistrates' Courts Act 19801, and after consultation with the rule committee appointed under that section, hereby makes the following Rules:
Citation, interpretation and commencement
2.—(1) These Rules may be cited as the Magistrates' Courts (Anti-Social Behaviour Orders) Rules 2002 and shall come into force on 2nd December 2002.
(2) In these Rules any reference to a numbered section is a reference to the section so numbered in the Crime and Disorder Act 19982, any reference to a “form” includes a form to like effect, and, unless otherwise stated, reference to a “Schedule” is a reference to a Schedule hereto.
Transitional Provisions
3. After these Rules come into force, rules 6 and 7 of, and Schedules 5 and 6 to the Magistrates' Courts (Sex Offender and Anti-Social Behaviour Orders) Rules 19983shall (notwithstanding their revocation) continue to apply to proceedings commenced prior to the commencement of these Rules.
Forms
4.—(1) An application for an anti-social behaviour order shall be in the form set out in Schedule 1.
(2) Any summons directed to the defendant requiring him to appear before a magistrates' court to answer such an application shall be in the form set out in Schedule 2.
(3) An anti-social behaviour order made under section 1 shall be in the form set out in Schedule 3.
(4) An order made under section 1C4on conviction in criminal proceedings shall be in the form set out in Schedule 4.
(5) An application for an interim anti-social behaviour order made under section 1D5shall be in the form set out in Schedule 5.
(6) An interim anti-social behaviour order made under section 1D shall be in the form set out in Schedule 6.
Interim Orders
5.—(1) An application for an interim order under section 1D, may, with leave of the justices' clerk, be made without notice being given to the defendant.
(2) The justices' clerk shall only grant leave under paragraph (1) of this rule if he is satisfied that it is necessary for the application to be made without notice being given to the defendant.
(3) If an application made under paragraph (2) is granted, then the interim order and the application for an anti-social behaviour order under section 1 (together with a summons giving a date for the defendant to attend court) shall be served on the defendant in person as soon as practicable after the making of the interim order.
(4) An interim order which is made at the hearing of an application without notice shall not take effect until it has been served on the defendant.
(5) If such an interim order made without notice is not served on the defendant within seven days of being made, then it shall cease to have effect.
(6) An interim order shall cease to have effect if the application for an anti-social behaviour order is withdrawn.
(7) Where the court refuses to make an interim order without notice being given to the defendant it may direct that the application be made on notice.
(8) If an interim order is made without notice being given to the defendant, and the defendant subsequently applies to the court for the order to be discharged or varied, his application shall not be dismissed without the opportunity for him to make oral representations to the court.
Application for variation or discharge
6.—(1) This rule applies to the making of an application for the variation or discharge of an order made under section 1, 1C or, subject to rule 5(8) above, 1D.
(2) An application to which this rule applies shall be made in writing to the magistrates' court which made the order, or in the case of an application under section 1C to any magistrates' court in the same petty sessions area, and shall specify the reason why the applicant for variation or discharge believes the court should vary or discharge the order, as the case may be.
(3) Subject to rule 5(8) above, where the court considers that there are no grounds upon which it might conclude that the order should be varied or discharged, as the case may be, it may determine the application without hearing representations from the...
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