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Where a defendant fails to attend a hearing, the applicant may, after substantiating the
complaint on oath, apply to the court to issue a warrant for the defendant’s arrest. Various
provisions for adjournment, non-attendance at court and the issue of a warrant for arrest are
contained in sections 54 to 57 of the Magistrates’ Courts Act 1980.
County court
An application for an order in the county court must be made in accordance with the
procedure set out in the Practice Direction at Appendix B.
Where the applicant is the claimant in the principal proceedings, the application for the order
should be included in the claim form. Where the applicant is the defendant in the principal
proceedings, the application should be made by way of an application notice,
How to prepare a court tile for an application
A file to support the application for an order should be prepared by the lead agency or the
solicitor acting on their behalf.
A minimum of eight identical court bundles will be required as follows.
three for the magistrates.
one for the legal adviser.
one for the applicant’s solicitor.
one for the defence solicitor.
one for the defendant; and
one for the witness box.
The files are in loose-leaf format (in an A4 ring binder) and should be indexed and paginated.
The index and contents should include, as appropriate:
the summons for the order, together with proof of service.
the application for the order (in the format provided by the Magistrates’ Court (Anti-Social
Behaviour Orders) Rules 2002);
the defendant’s details.
the defendant’s previous convictions.
the defendant’s acceptable behaviour contract (ABC) agreements.
a summary of the incidents being relied upon by the applicant.
1. a map and description of the exclusion area.
2. an association chart (showing relationships and connections where the alleged anti-social
behaviour is by a group of people).
3. documentation of statutory consultations.
4. supporting statements from any multiagency consultation.
5. a statement from the officer in the case.
6. any other statements obtained.
7. hearsay notices.
8. a draft order for approval by the court; and
9. a home circumstances report where the subject of the order is a child or young person (if
necessary and completed).
The bundle should be prepared and served on the solicitor for the defendant as soon as the
summons is served. The applicant’s solicitor should attempt to have the contents of the
bundle agreed prior to any pre-trial review. Disclosure should be transparent and complete.
Contact
Niamh No one, Lancashire Constabulary
Email: niamh.noone@lancashire.police.uk
Telephone: 01772 412919
161,
Simon Cordell’s Skeleton Argument (2) Pdf
Applying to the courts

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