Page 404 - 6. 2016 Diary 1st half New 26-05-21 No Table

There is no need for a specific application for an ISO, although it might be helpful to raise the
issue with the court. Where a magistrates’ court is making an ASBO (stand-alone only)
against a person under 18 years old, it is obliged to make an ISO at the same time if the
following conditions are met:
- the ISO would be desirable in the interests of preventing any repetition of the anti-
social behaviour which led to the ASBO being made.
- the young person is not already subject to an ISO; and
- the Secretary of State has notified the court that arrangements for implementing the
ISO are available (this was done in April 2004 in Home Office Circular 025/2004).
The court should ensure the requirements of the ISO and the consequences of breach are
explained to the defendant. If an ISO is not made, then the court must state why it
404
168,
Simon Cordell’s Skeleton Argument (2) Pdf
Children and young people
considers that the conditions for making the order arc not met. ISOs are not available for
orders on conviction.
Role of the youth offending team
The YOT advises the magistrates’ court on whether an ISO is necessary and the conditions an
ISO should contain. This information is based on a need’s assessment of the young person.
The YOT is responsible for co-ordinating delivery of the ISO and also has a role in ensuring
that the terms and conditions of both the ASBO and ISO are understood by the defendant.
The conditions within the ISO are overseen by a responsible officer who is usually a member
of the YOT, social services or local education authority.
Variation and discharge
An application to vary or discharge the ISO may be made by either the young person subject
to the ISO or the responsible officer. The need to very an ISO may arise where support
proves to be inappropriate or the individual moves out of the area. Equally if the ASBO
linked to the ISO is varied by a court, the court may also vary or discharge the ISO at the
same time.
If the ASBO comes to an end or is discharged, the ISO also ceases to have effect.
Breach
Breach of an ISO is an offence and criminal penalties apply, for ISOs to be credible, breaches
must be dealt with.
The responsible officer is responsible for ensuring compliance with an ISO. It will usually be
appropriate for the responsible officer to encourage compliance using warning tetters before
instigating proceedings for a criminal prosecution.
The breach is taken forward by the Crown Prosecution Service and breach proceedings are
heard in the youth court. If a court finds that the subject of the order has failed to comply with
any requirement of the order, they are guilty of an offence. Breach is a summary offence and
the court can impose a fine of up to:
- £1,000, if defendant aged 14 or over; or
- A.250, if defendant aged under 14.
Where the defendant is under 16, the parent will usually be responsible for payment of the
fine. The court also has the discretion to order the parent to pay if the defendant is aged
between 16 and 18 (as set out in section 137 of the Powers of Criminal Court (Sentencing)
Act 2000.
A referral order is not available for breach of an ISO.
Balcony games for the boys creates corridor of hell for neighbours: ASBOs, ISOs and a
house move bring relief for all