Policing and Crime Act 2009
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Change 1
42 Variation or discharge of injunctions
(1) The court may vary or discharge an injunction under this Part if— (a) a review hearing is held, or (b) an application to vary or discharge the injunction is made. (2) An application to vary or discharge the injunction may be made by— (a) the person who applied for the injunction; (b) the respondent. (3) The power to vary an injunction includes power to— (a) include an additional prohibition or requirement in the injunction; (b) extend the period for which a prohibition or requirement in the injunction has effect (subject to section 36(2)); (c) attach a power of arrest or extend the period for which a power of arrest attached to the injunction has effect. (4) Section 36(4) does not apply where an injunction is varied to include a prohibition or requirement which is to have effect as mentioned in that provision but the variation is made within (or at any time after) the period of 4 weeks mentioned in it. (4A) Where— (a) the respondent is under the age of 18 on the injunction date, and (b) any prohibition or requirement in the injunction is to have effect after the respondent reaches that age and for at least the period of four weeks beginning with the respondent's 18th birthday, the court must order the applicant and the respondent to attend a review hearing on a specified date within that period. (5) Before applying for the variation or discharge of an injunction, a person mentioned in subsection (2)(a) must notify the persons consulted under section 38(1) or 39(5). (6) If an application to vary or discharge an injunction under this Part is dismissed, no further application to vary or discharge it may be made by any person without the consent of the court.
42 Variation or discharge of injunctions
(1) The court may vary or discharge an injunction under this Part if— (a) a review hearing is held, or (b) an application to vary or discharge the injunction is made. (2) An application to vary or discharge the injunction may be made by— (a) the person who applied for the injunction; (b) the respondent. (3) The power to vary an injunction includes power to— (a) include an additional prohibition or requirement in the injunction; (b) extend the period for which a prohibition or requirement in the injunction has effect (subject to section 36(2)); (c) attach a power of arrest or extend the period for which a power of arrest attached to the injunction has effect. (4) Section 36(4) does not apply where an injunction is varied to include a prohibition or requirement which is to have effect as mentioned in that provision but the variation is made within (or at any time after) the period of 4 weeks mentioned in it. (4A) Where— (a) the respondent is under the age of 18 on the injunction date, and (b) any prohibition or requirement in the injunction is to have effect after the respondent reaches that age and for at least the period of four weeks beginning with the respondent's 18th birthday, the court must order the applicant and the respondent to attend a review hearing on a specified date within that period. (5) Before applying for the variation or discharge of an injunction, a person mentioned in subsection (2)(a) must notify the persons consulted under section 38(1) or 39(5). (6) If an application to vary or discharge an injunction under this Part is dismissed, no further application to vary or discharge it may be made by any person without the consent of the court.
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