Q&As

In respect of gang injunction review hearings, can the court order a review hearing after (outside of) the last four weeks of the one-year period, and, if not, does the injunction automatically fall away entirely if there is no review hearing within the four-week period?

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Produced in partnership with Michael Bimmler of No 5 Chambers
Published on: 20 September 2021
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In respect of gang injunctions pursuant to section 34 of the Policing and Crime Act 2009 (PCA 2009), the duty to hold a review hearing within a specified period for injunctions that are to survive for longer than a year is a mandatory duty on the court. There is no discretion in PCA 2009 to hold this mandatory review hearing at a later time, nor do the court’s general powers under the civil procedure rules allow it to postpone this hearing. A court which fails to list such a hearing acts illegally and its failure to act could be challenged by appeal or (as a last resort) by judicial review.

However, the failure to list a review hearing does not mean that the underlying injunction falls away, is automatically discharged,

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Injunction definition
What does Injunction mean?

A discretionary remedy whereby the court orders a defendant to do (mandatory injunction), or refrain from doing (prohibitory injunction) something.

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