(2) A prohibition order may be made—
- (a) on application (see section 18), or
- (b) following conviction of an offence under any of sections 4 to 8 or a related offence (see section 19).
(3) For the meaning of “prohibited activity”, see section 12.
18Prohibition orders on application
(1) The appropriate court may make a prohibition order under this section against a person if—
- (a) condition A or B is met, and
- (b) condition C is met.
(2) Condition A is that the court is satisfied on the balance of probabilities that the person has failed to comply with a prohibition notice.
(3) Condition B is that, where no prohibition notice has been given (or one was given but has been withdrawn)—
- (a) the court is satisfied on the balance of probabilities that the person is carrying on, or is likely to carry on, a prohibited activity, and
- (b) the court considers that the person would fail to comply with a prohibition notice if given.
(4) Condition C is that the court considers it necessary and proportionate to make the prohibition order for the purpose of preventing the person from carrying on any prohibited activity.
(5) If a court makes a prohibition order under this section based on condition A having been met, the prohibition notice is to be treated as having been withdrawn.
(6) A prohibition order under this section may not be made—
- (a) in England and Wales or Northern Ireland, against an individual who is under the age of 10, or
- (b) in Scotland, against an individual who is under the age of 12.
(7) A prohibition order under this section made against an individual who is under the age of 18 at the time the order is made—
- (a) must specify the period for which it has effect, and
- (b) may not have effect for more than 3 years.
(8) A prohibition order under this section may be made only on an application made in accordance with section 21.
(9) In this section “the appropriate court” means—
- (a) in relation to England and Wales—
- (i) where the person in respect of whom the application is made is an individual who is under the age of 18, a youth court, and
- (ii) in any other case, a magistrates’ court;
- (b) in relation to Scotland, the sheriff;
- (c) in relation to Northern Ireland—
- (i) where the person in respect of whom the application is made is an individual who is under the age of 18, a youth court, and
- (ii) in any other case, a court of summary jurisdiction.
