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If there are any doubts about the option of obtaining an order, these should be explored at an
early stage with the YOT and other partners, rather than in court. The YOT can also have a
role in explaining the conditions of an order to the young person and their parents, explaining
the impact of that person’s behaviour on the community, and making it dear that the order is
the consequence of that behaviour. In addition, the YOT and other partners should offer
support in order to aid compliance.
In cases of a breach of an order, the pre-sentence report (PSR) provided to the court by the
YOT should outline the impact title behaviour has had on the community.
The YOT can also use the PSR in criminal proceedings to recommend an order on conviction
where that course of action has been agreed and deemed appropriate.
The PSR should also address the issue of parenting and further support to the young person.
Courts can make a parenting order with an ASBO or similar order, if a voluntary approach
has failed and it will help improve behaviour, together with an individual support order
(ISO). The YOT has a key role in both of these interventions. Details on these are set out
below,
Applications to the magistrates’ court acting in its civil capacity
Since the youth court has no civil jurisdiction, applications for orders against under-18s will
be heard by the magistrates’ court (except where the youth court is asked to impose an order
on conviction).A pilot to allow children and young people to be joined to proceedings in the
county court, for the purpose of obtaining an ASBO where the anti-social behaviour is
material to the principal proceedings, is currently under way in 11 county courts and is due to
run until September 2006.
The officer in charge of the application should contact the justices’ clerk in advance of the
hearing to ensure that it will be conducted in a way that is suitable for the child or young
person.
Where there is an application to a magistrates’ court lor an ASBO under section 1 of the
Crime and Disorder Act 1998, or an application to a magistrates’ court for an ASBO to be
varied or discharged under section 1(8) of the Act, and the person against whom the order is
sought is under 18, the justices constituting the court should normally be qualified to sit in the
youth court.
Unlike a youth court, which is closed to the general public, the magistrates’ court is Youth
Justice Board, Home Office and Association of Chief Police Officers (2006), Antisocial
Behaviour: A guide to the role of Youth Offending Teams in dealing with antisocial
behaviour. This can be downloaded at
www.youthjuslice board.gov.uk/Publication’s/Scnpts/pro(IView.asp?icfproduct=212&ep =
165,
Simon Cordell’s Skeleton Argument (2) Pdf
Children and young people
Dealing effectively with persistent young perpetrators in Norfolk
Issue
Improved partnership working between the police and the YOT was key to effectively
tackling anti-social behaviour by young people.
Approach
Regular liaison meetings of YOT and youth inclusion and support panel (YISP) staff were
held at the Safer Communities Unit. Community reparation projects were planned which
impacted on sensitive communities or resonated with vulnerable members of the community.
Police officers forged contact with youth groups and educational centres. Part of the action
plan required YISP workers to attend a police tasking and co-ordination meeting.
Outcomes
The YOT discussed, and was helpful to and supportive of, community reparation