Form N110A UK: Power of Arrest on Injunction Explained
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If a court has granted an injunction and decided that a power of arrest should be attached to it, Form N110A is the document that records this. It gives police officers the authority to arrest a respondent who is reasonably believed to have breached the terms set out in the order, without needing a fresh warrant.
The form is most commonly seen in cases involving anti-social behaviour, harassment, domestic abuse or housing-related nuisance, where the court considers that standard enforcement routes are not enough to protect the applicant or wider community. On this page I explain what Form N110A contains, how it is used, the legal framework behind it, and what respondents and applicants should understand about how the power operates in practice in England and Wales.
What this document is
Form N110A is a court form used in England and Wales to record that a power of arrest has been attached to a civil injunction. When a judge decides that the conduct being restrained is serious enough to warrant immediate police intervention if it continues, they can attach a power of arrest to one or more paragraphs of the injunction order.
The N110A sets out the respondent's details, the specific terms of the order the power applies to, the statutory basis on which it has been granted, and the date the power takes effect and expires. Once issued and served, police can arrest the respondent without warrant if they have reasonable cause to believe that a breach has occurred.
The person arrested must then be brought before a judge quickly, and the applicant must be notified. The form is a procedural record rather than the injunction itself, but in practice it is the document officers rely on when deciding whether arrest powers are available in a given case.
How to use this document
- Obtain the injunction first. Before Form N110A becomes relevant, the applicant must have applied for and been granted an injunction by the court. The judge will only consider attaching a power of arrest where the conduct involved is serious, typically involving violence, threats, harassment or significant anti-social behaviour, and where other remedies would not adequately protect the applicant or others.
- Judge decides to attach the power of arrest. The court considers whether the statutory criteria for attaching a power of arrest are met. This is a separate decision from granting the injunction itself. The judge identifies which specific paragraphs of the order the power applies to, because it does not have to cover every term, and confirms the legislative basis under which the power is made.
- Form N110A is completed and sealed. The court completes Form N110A with the respondent's full name and address, the paragraphs of the order carrying the power of arrest, the statute relied on, and the duration of the power. The form is signed by the judge and sealed by the court before being issued alongside the main order.
- Service on the respondent and police. The respondent must be given notice of the order and the attached power of arrest. A copy is also lodged with the local police so that officers can check whether arrest powers are in force if a breach is reported. Without proper service, enforcement can become difficult and breaches may be harder to prove.
- Enforcement if a breach occurs. If the respondent breaches a paragraph of the injunction to which the power is attached, police may arrest them without warrant. The arrested person must be brought before a judge, generally within 24 hours of arrest, and the applicant must be informed as soon as reasonably practicable so they can attend any hearing.
Common questions
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Common questions
Q Who can apply for an injunction with a power of arrest?
The applicant depends on the statute being used. Local authorities, housing providers, the police and, in some cases, private individuals can apply for injunctions with a power of arrest attached. The legislation sets out which bodies have standing for which type of order, and the court will only grant the power where it is satisfied that the conduct involved is sufficiently serious.
Q What legislation allows a power of arrest to be attached to an injunction?
Several statutes permit this, including the Housing Act 1996, the Anti-Social Behaviour, Crime and Policing Act 2014, and certain provisions under the Family Law Act 1996 for occupation and non-molestation orders. Each Act has its own criteria, so the court must identify which legislation the power is being granted under and record this on the form.
Q How long does a power of arrest last?
The power of arrest lasts for the period specified by the judge on the face of the order. It cannot last longer than the injunction itself, and in many cases the court will set a shorter duration than the injunction term. Once the expiry date passes, police can no longer arrest the respondent under the N110A, although the underlying injunction may still be in force.
Q What happens after someone is arrested under Form N110A?
The arrested person must generally be brought before a judge within 24 hours, excluding Sundays, Christmas Day and Good Friday. They cannot be detained beyond that 24-hour period without being produced before the court. The judge will then decide whether to remand, bail or release them, and a breach hearing will usually follow shortly afterwards.
Q Does a power of arrest cover every part of the injunction?
Not necessarily. The judge decides which specific paragraphs of the injunction the power applies to, and these are listed on Form N110A. Some parts of an order, such as purely preventative or administrative provisions, may not carry a power of arrest, while paragraphs dealing with violence, threats or harassment usually do.
Q What is the difference between Form N110 and Form N110A?
Form N110 is generally used in the context of committal and arrest under family proceedings, while N110A is used where a power of arrest is attached to a civil injunction under statutes such as the Housing Act 1996 or the Anti-Social Behaviour, Crime and Policing Act 2014. The forms share a similar function but are used in different procedural contexts.
Q Can a respondent challenge a power of arrest?
Yes. A respondent can apply to vary or discharge the injunction, including the power of arrest, if circumstances change or they believe the order should not have been made. They can also defend any breach proceedings brought against them. Getting legal input early is sensible, because breaches can result in committal to prison for contempt of court.
If you're dealing with this kind of situation, speak to an experienced legal adviser who can walk you through it — from £89.
Sources
This guide is based on primary UK law and official guidance.
- Guidance · HMCTSHMCTS Court Forms (find Form N110A)gov.uk
- LegislationAnti-Social Behaviour, Crime and Policing Act 2014legislation.gov.uk
- LegislationHousing Act 1996legislation.gov.uk
Legal helpline
Unsure what a power of arrest means for you?
An injunction with a power of arrest attached carries serious consequences, and the wording of each paragraph matters. An experienced legal adviser can talk through what the order says and what to watch out for, based on what you describe on the call.
- Plain-English answers to your specific questions about the order
- A clear explanation of how a power of arrest works in practice
- Practical perspective on your next steps based on what you describe
- Guidance on what to watch out for in your specific situation
Legal disclaimer
This article is for general information only. It is a tool to help you find your way — not legal advice, and not a substitute for speaking to a qualified adviser about your situation.