Page 390 - 6. 2016 Diary 1st half New 26-05-21 No Table

It may be useful for partners to negotiate information sharing protocols, examples of which
can be obtained from the Home Office Information Sharing Team at
informationsharing@homeoffice.gsi.gov.uk
www.crimereduction.gov.uk/ information sharing
If possible, the protocol should be published, so that the public can see that information is
being shared in an appropriate way.
The model protocol can be accessed at www.crimereduction.gov.uk/infosharing.htm
Information sharing issues can also be discussed with the Information Commissioner’s
Office, whose website (www.ico.gov.uk) gives further details.
390
155,
Simon Cordell’s Skeleton Argument (2) Pdf
Simon Cordell Skeleton Argument (3).pdf
- The terms of the order (the prohibitions)
The role of the agencies
Although it is for the court to decide what prohibitions are to be imposed by the order, the
applicant agency should propose conditions (including duration) to the court.
A full order should be drawn up using the form in the court rules. The courts find it helpful if
applicants can ensure that they are equipped to amend and print off the final version of the
order at the end of the hearing. This improves efficiency and helps ensure that the defendant
leaves the court with a clear understanding of the prohibitions.
In the county court, the proposed order should accompany the application. The process for
the county court is set out in the Practice Direction at Appendix B.
Where the order is made on conviction in criminal proceedings, an agency concerned in the
case, such as the police, may propose prohibitions or the court may draw them up of its own
volition. It should be noted that the order may not impose positive requirements, only
prohibitions.
Careful thought needs to be given to the formulation of the conditions so they cannot be
easily circumvented and can be easily understood by the perpetrator.
The prohibitions
The prohibitions:
- should cover the range of anti-social acts committed by the defendant.
- should be necessary for protecting person(s) within a defined area from the anti-social
acts of the defendant (but, as a result of the recent changes, that defined area may be as wide
as necessary and could in appropriate cases include the whole of England and Wales);
- should be reasonable and proportionate.
- should be realistic and practical.
- should be clear, concise, and easy to understand.
- should be specific when referring to matters of time if, for example, prohibiting the
offender from being outside or in particular areas at certain times.
- should be specific when referring to exclusion from an area, including street names
and clear boundaries such as the side of the street included in the order (a map with
identifiable street names should also be provided).
- should be in terms that make it easy to determine and prosecute a breach.
- should contain a prohibition against
- inciting/encouraging others to engage in anti-social behaviour.
- should protect all people who are in the area covered by the order from the behaviour
(as well as protecting specific individuals).