Page 407 - 6. 2016 Diary 1st half New 26-05-21 No Table

breach of an order, lack of knowledge of existence of an order will contribute to a reasonable
excuse for the defence. In the case of a child or young person, the order should also be served
on the parent, guardian or an appropriate adult, and such service should be recorded.
An order comes into effect on the day it is made. But the two-year period during which no
order shall be discharged except with the consent of both parties starts from the date of
service.
The lead agency, if not the police, should ensure that a copy of the order is forwarded
immediately to the police. The agency should also give copies of the order to the anti-social
behaviour co-ordinator of the local crime and disorder reduction partnership, the other partner
agencies and the main targets and witnesses of the anti-social behaviour, so that breaches can
be reported and acted upon. The Justices’ Clerks’ Society guidance states that it is the
responsibility of the court to inform the police of the making of an order."
The police should notify the appropriate- police area command on the same working day so
that details of the defendant and the conditions of the order can be recorded.
A copy of the order should be provided to the lead agency’s legal representative on the same
day as the court hearing, and in the case of a child or young person, the court will provide a
further copy for the youth
Campbell, S. (2002) Implementing Antisocial! Behaviour Orders: messages for
practitioners. Home Office Findings 160, Sections 1(9), 18(6) and 1C of the Crime and
Disorder Act 1998, as amended. justices’ Clerks' Society. Good practice guide Anti-Social
Behaviour Orders. A Guide to Law and Procedure in the Magistrates' Court, 4.5(V).
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171,
Simon Cordell’s Skeleton Argument (2) Pdf
Immediate post-order procedure (adults and your people)
offending team (YOT). The YOT should arrange for action to be taken by an appropriate
agency (for example social services) to ensure that the young person understands the
seriousness of the order.
It should also consider the provision of appropriate support programmes to help avoid a
breach of the order by diverting the offender from the behaviour that led to it, although such
programmes cannot, as the law currently stands, be a condition of the order.
Enforcing the order
The obtaining of the order is not the end of the process. The order must be monitored and
enforced properly.
Partnership working after the order is made should include information exchange to ensure
early warning of problems and clarification of who should do what to safeguard witnesses, as
well as what other action should be taken to challenge the perpetrator in such cases.
Agencies need to be alert to the prospect that this should become a statutory requirement in
the near future. Adopting this as best practice now will enable them to achieve compliance
more readily.
Police National Computer (PNC)
Recording of orders on the PNC will enable police forces to enforce breaches effectively.
Local arrangements should be made for orders to be placed on the PNC so that police officers
are in a position to access usable data to identify those who are subject to an order.
Conditions of the order should be appended clearly along with the identity of the case officer
so that the necessary action can be taken in ease of a breach (which is an arrestable offence).
It is essential that breaches of an order, appeals against the sentence and any other actions
relating to the management of the case are reported to the agency responsible for the
management of the case.
One-year review of juveniles' ASBOs