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How does a court injunction work?

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G
The Voice of Reason



Joined: 02 Feb 2002
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PostPosted: 12:55 - 25 May 2016    Post subject: How does a court injunction work? Reply with quote

No, not me - infact it seems I'm one of the few people that go to Harlow that probably aren't affected!
From this thread: https://www.bikechatforums.com/viewtopic.php?t=312820

Could someone explain:
The process used to acquire one.
Can we easily find out who signed it off?
If it is acceptable to break an injunction because someone in the council said it was ok?
If that holds any legal standing?
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Minty
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Joined: 23 Dec 2005
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PostPosted: 14:53 - 25 May 2016    Post subject: Reply with quote

My take is that there is a Crown Court form that would be completed.

Would expect the details contained therein (requester, approver etc) to remain private.

It is the crown that agrees/applies it so it'd the crown who would decide who can and cannot abide by it - not a council appointed official. It would be akin to "Geoff down the Council Office said it'd be ok if I did 150mph on the M25."
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G
The Voice of Reason



Joined: 02 Feb 2002
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PostPosted: 19:16 - 25 May 2016    Post subject: Reply with quote

Ta for the thoughts.

Another rather important question is; who can request someone who has transgressed an injunction be prosecuted?
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Minty
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PostPosted: 19:50 - 25 May 2016    Post subject: Reply with quote

Like any law, bring it to the attention of the police. They decide if warrants charging / referring case to CPS to be brought before a High Court judge.
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G
The Voice of Reason



Joined: 02 Feb 2002
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PostPosted: 20:47 - 25 May 2016    Post subject: Reply with quote

Many laws you can also bring a private prosecution I believe, which is one aspect I was wondering if you were not one of the original parties.

In typical injunctions, I believe the entity that took the injunction out can then get the other one 'done' for failing to abide by it, but I don't know how it works for third parties.
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