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Litigation Letter

Power of Arrest to Occupation Order Against Minor

H v H (A Child) (Occupation Order: Power Of Arrest) (TLR 10 January CA)

A boy of 17 had behaved in such a violent and abusive manner towards his family that on an application by his father the court had made an order under s47(2) of the Family Law Act 1996 ordering him to vacate the family home, not to return, enter or attempt to enter the property for six months and attached a power of arrest to the order. The boy, through the Official Solicitor, appealed against the attachment of a power of arrest on the grounds that under s1(l) of the Criminal Justice Act 1982 as amended by the Criminal Justice Act 1991, the court had no power to punish a minor for contempt of court with a period of detention.

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