Page 410 - 6. 2016 Diary 1st half New 26-05-21 No Table

criminal standard - ‘beyond reasonable doubt’. Provision is made in section 1(10) of the
Crime and Disorder Act 1998 for a defence of reasonable excuse.
The maximum penalty on conviction in the magistrates’ court is six months in prison or a fine
not exceeding £5,000 or both; at the Crown Court the maximum penalty is five years in
prison or a fine or both. Community penalties are available, but a conditional discharge is not.
Agencies and courts should not treat the breach of an order as just another minor offence. (It
should be remembered that the order itself would normally have been the culmination of a
course of persistent antisocial behaviour.) An order will only be seen to be effective if
breaches are taken seriously.
Information on breaches can be received from any source, including the local authority
housing department and other local authority officers, neighbours and other members of the
public. Any information received by a partner agency should be passed immediately to the
police and lead officer, who should inform the other agencies involved. Breach penalties are
the same for all orders, including the interim order. Court proceedings should be swift and
not fractured by unnecessary adjournments either during the proceedings or before
sentencing.
Where the offender is found guilty of the breach, the court may take reports from the local
authority or police and any applicant agency before sentencing. The court should also
consider the original reasons for making the order. A copy of the original order as granted
(including any maps and details of any prohibitions) can be put before the court as evidence
that an order has been made without the need for a statement formally proving that an order
was made (section 139 of the Serious Organised Crime and Police Act 2005).
The sentence given should be proportionate and reflect the impact of the behaviour
complained of.
Breaches by children and young people
Breach proceedings for children and young people will be dealt with in the youth court.
Breach proceedings in the youth court are not subject to automatic reporting restrictions. The
Serious Organised Crime and Police Act 2005 removed automatic reporting restrictions for
children and young people convicted of a breach of an ASBO (section 341), and thus details
about the perpetrator can be made public. The court may still impose reporting restrictions,
particularly if they were put in place when the order was initially imposed in a civil court.
410
175,
Simon Cordell’s Skeleton Argument (2) Pdf
Hreacbes
Under section 98 of the Magistrates’ Courts Act 1980, evidence will be given on oath, except
the evidence of a child under 14, which is given unsworn. Section 34 of the Children and
Young Persons Act 1933 requires the attendance of a parent or legal guardian at court for any
person under 16 years of age. The court will require information about the young person’s
background, home surroundings and family circumstances prior to sentence. This should be
provided by the youth offending team or social services.
As with adults, community penalties are available, but a conditional discharge is not. In
addition, the youth court should consider whether to make a parenting order, or whether the
individual support order should be amended.
410
176,
Simon Cordell’s Skeleton Argument (2) Pdf
Simon Cordell Skeleton Argument (3).pdf
• Variation and discharge of an order