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A CIS can be written by a caseworker (such as a housing officer or community safety officer)
and/or by the local police. The purpose of a CIS is to outline the effect the anti-social
behaviour is having on the wider community in a way that is clear and concise for the judge’s
consideration. In certain circumstances, some elements of evidence, such as hearsay, CCTV
footage and letters of complaint, can be put in a (Vis.
Adjournments
Section 1.0(3) of the Magistrates’ Courts Act 1980 permits adjournments to be made after
conviction and before sentence to enable enquiries to be made or, in this context, to
determine the most suitable way of dealing with an application for an order under section 1C
of the Crime and Disorder Act 1998.Where the court adjourns and delays sentencing to
consider the order, it can impose bail conditions in the normal manner.
Section 139 of (he Serious Organised Crime and Police Act 2005 has amended section 1C of
the Crime and Disorder Act 1998 to allow lor adjournments after sentencing the offender for
the purpose of considering an order. Powers are also available to compel a defendant to return
to court after sentencing to attend the adjourned hearing.
interim orders on conviction
An interim order on conviction can be sought to protect vulnerable witnesses and
communities from threats of violence, intimidation and further anti-social behaviour by the
defendant pending the hearing of an application for a full order. This change to the Crime and
Disorder Act 1998 was also introduced by section 139 of the Serious Organised Crime and
Police Act 2005. For more information on interim orders, see the
163,
Simon Cordell’s Skeleton Argument (2) Pdf
Applying to the courts
article ‘What are interim anti-social behaviour orders?’ on the Together website at www.
together, gov.uk
Step-by-step guide
A step-by-step guide to the process can be found at Appendix E.
Public funding for defendants
A guide to public funding for defendants can be found at Appendix F.
164,
Simon Cordell’s Skeleton Argument (2) Pdf
Simon Cordell Skeleton Argument (3).pdf
• Children and young people
The Home Office, Youth Justice Board and Association of Chief Police Officers have issued
separate guidance on the role of the youth offending team (YOT) in dealing with anti-social
behaviour.7 There is also separate guidance on the interventions available for children under
10 at Appendix B.
This section sets out the procedures for applying for ASBOs and similar orders in respect of
children and young people, and the procedures for managing the case afterwards.
Who can apply for an order?
Agencies able to apply for orders are the same as those for adults, and the consultation
requirements are the same.
The role of the YOT needs to be clearly set out in terms of what it can offer in the prevention
of anti-social behaviour, and in the ASBO process. All other agencies should involve the
YOT in any consideration of an order at an early stage as it is likely to have much
information to share about that young person. The YOT has a responsibility to prevent crime
and anti-social behaviour by young people, and should help partners to obtain an order to stop
the behaviour continuing where it is deemed appropriate.