Page 411 - 6. 2016 Diary 1st half New 26-05-21 No Table

Variation or discharge of an order, including an interim order, may be made on application to
the court that originally made it. An application to vary or discharge an order made on
conviction in criminal proceedings may be made to any magistrates’ court within the same
petty sessions areas as the court that made the order. The application can be made either by
the original applicant in the case or the defendant. An order cannot be discharged within two
years of its service without the consent of both parties. An order made on conviction cannot
be discharged before the end of two years. Prohibitions, however, can be varied, removed or
added within that initial two-year period.
The procedure for variation or discharge is set out in the Magistrates’ Courts (Anti-Social
behaviour Orders) Rules 2002, the Crown Court (Amendment) Rules 2002 and the Civil
Procedure Rules. These are published separately from this guidance and are available on the
crime reduction website at www.crimereduetion.gov.uk
If the individual who is subject to the order asks for its variation or discharge, the agency that
obtained the order needs to ensure that a considered response is given to the court. If it is
decided that the lead agency should contest the application for variation or discharge, it
should give the court its reasons, supported as appropriate by evidence gathered in the course
of monitoring the effectiveness of the order. The magistrates’ legal adviser will send details
of the variation or discharge of any order to the local police force and local authority. The
police should record any discharge or variation of the order on their computer system and
arrange for any changes to be reflected in the Police National Computer record.
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Simon Cordell’s Skeleton Argument (2) Pdf
• Monitoring and recording
Local agencies should agree common procedures for recording and monitoring both their
successful and unsuccessful applications. Details of orders granted should be sent to the local
crime and disorder reduction partnership (CDRP) anti-social behaviour co-ordinator and the
local authority or police as appropriate, as well as to other agencies involved with the
offender (including the local youth offending team if the offender is under 3 8 years old).
As a minimum there should be a record of:
- the original application (or details of the prosecution and hearing of any request for
the order in the case of an order on conviction), including the name, address, date of birth,
gender and ethnicity of the defendant.
- the order itself, including, where applicable, the map showing any exclusion area.
- the date and details of any variation or discharge of the order; and
- the action taken for any breach.
- The following information could also be recorded:
- name, address, age, gender and ethnicity of any victim - or a statement that the case
involved no identified victim.
- details of any person or persons who complained of the behaviour.
- details of any contributory issues, for example drugs, alcohol and substance misuse
and/or mental health problems.
- details of any aggravating factors, for example racial motivation; and
- assessment of outcome in terms of whether or not the anti-social behaviour ceased,
satisfy themselves and the public that their anti-social behaviour policies do not discriminate.
The Act also imposes a duty to promote race equality. As part of this duty, local authorities
and the police should therefore ensure that they monitor the impact of their anti-social
behaviour policy on the promotion of race equality. Systems to monitor the ethnicity of both
defendants and victims will therefore need to be in place.