ANNEX C: Detailed explanatory note for Part 1 of Schedule 1 Paragraph 38: Gang-related violence
937.Sub-paragraph (1) brings within the scope of civil legal aid services provided in relation to injunctions under Part 4 of the Policing and Crime Act 2009. Under Part 4 of that Act, a court may make an injunction if it is satisfied to the civil standard of proof that the respondent has engaged in, encouraged or assisted gang-related violence and if it considers it necessary for an injunction to be granted to prevent the respondent from engaging in, encouraging or assisting gang-related violence and/or to protect the respondent from gang-related violence.
938.Sub-paragraph (2) applies the exclusions in Parts 2 and 3 of Schedule 1. Applications under Part 4 of the Policing and Crime Act 2009 are made to the High Court or a county court so, under paragraphs 3 and 5 of Part 3 of Schedule 1, advocacy may be available.