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This information should, where possible, be collected on the basis of self-definition by the
defendant.
From December 2006, the new general duty under the Disability Discrimination Act requires
a public authority to pay due regard when carrying out its functions to: the need to eliminate
unlawful discrimination against disabled people; the need to eliminate disability-related
harassment of disabled people; the need to promote equality of opportunity for disabled
people; anti the need to take account of disabled persons’ disabilities even where that
involves more favourable treatment. Advice on the general duty can also be obtained from
the leaflet issued by the Office for Disability Issues (ODI) entitled Disability equality: a
priority for all. The Disability Rights Commission website at www.dre.org.uk contains
information under the section on publications entitled. Do the Duty’.
Consistency of information will help to assess the effectiveness of orders and inform future
local audits and crime reduction strategies.
Local authorities and other agencies, including the police, have a duty under the Race
Relations (Amendment) Act 2000 to
178,
Simon Cordell’s Skeleton Argument (2) Pdf
• Promoting awareness of orders
The purpose of the orders is to protect local communities from the harassment, alarm or
distress that can be caused by anti-social behaviour. An effective media strategy by the
CDRP is therefore essential if local residents and businesses are to be aware of orders and
their implications. Using the local press to ensure the community knows the subject and
conditions of the order is often a cost-effective strategy. At the same time, the staff of the
partner agencies need to understand how and when orders can be used, and how they relate to
the other tools to combat anti-social behaviour available to the partnership.
Local agencies and CDRPs should, within the context of their overall strategies for
combating anti-social behaviour, devise a strategy for promoting awareness of orders. A
designated officer should have responsibility for its delivery. This might most naturally be the
CDRP anti-social behaviour co-ordinator. Disclosure of information should be necessary and
proportionate to the objective it seeks to achieve.
Suggested aims of the strategy
The aims of an effective local publicity strategy are to:
- increase community confidence in reporting anti-social behaviour and expectations
that it can be reduced.
- deter potential offenders from anti-social behaviour.
- ensure that the local population is aware of orders; the powers of the local authority,
registered social landlords, Housing Action Trusts, the Environment Agency and the police
(including the British Transport Police) to apply for them; and whom to approach if they
believe that an order may be appropriate;
- ensure that agency staff have confidence in using orders where they are deemed
appropriate; and
- ensure that potential witnesses are aware of the support available to them.
- Publicity
- Phis part of the guidance reflects the judgment of Lord justice Kennedy, presiding
judge in the case of R (on application of Stanley, Marshall and Kelly) v Commissioner of
Police for the Metropolis and Chief Executive of London Borough of Brent 12004] EWHC
2229 (Admin), commonly referred to as Stanley v Brent.
Principles
1. There is no ‘naming and shaming1 - ASBOs are not intended to punish or embarrass
individuals but to protect communities.