Page 413 - 6. 2016 Diary 1st half New 26-05-21 No Table

2. Publicity is essential if local communities are to support agencies in tackling antisocial
behaviour. There is an implied power in the Crime and Disorder Act 1998 and tire Local
Government Act 2000 to publicise an order so that it can be effectively enforced.
3. Orders protect local communities.
4. Obtaining the order is only part of the process; its effectiveness will normally depend on
people knowing about the order.
5. Information about orders obtained should be publicised to let the community know that
action has been taken in their area.
6. A case-by-case approach should be adopted, and each individual case should be judged on
its merits as to whether or not to publicise the details of an individual who is subject to an
order. Publicity should be expected in most cases.
7. It is necessary to balance the human rights of individuals who are subject to orders against
those of the community as a whole when considering publicising orders.
8. Publicity should be the norm, not the exception. An individual who is subject to an order
should understand that the community is likely to learn about it.
179,
Simon Cordell’s Skeleton Argument (2) Pdf
Promoting contourites of orders
Benefits of publicity
The benefits of publicity include the following:
- Enforcement - Local people have the information they need to identify and report
breaches.
- Public reassurance about safety - Victims and witnesses know that action has been
taken to protect them and their human rights in relation to safety and/or quiet enjoyment of
their property. Making local people aware of an order that is made for their own protection
can make a real difference to the way in which they live their lives, especially when they
have suffered from anti-social behaviour themselves or lived in fear of it.
- Public confidence in local services - Local people are reassured that if they report
anti-social behaviour, action will be taken by local authorities, the police
or other agencies.
- Deterrent to the subject of the order - The perpetrator is aware that breaches are more
likely to be reported because details of the order are in the public domain.
- Deterrent to other perpetrators - Publicity spreads the message that orders are being
used and is a warning to others who are causing a nuisance in the community.
The decision to publish
Each individual case should be judged on its merits as to whether or not to publicise the
details of an individual who is subject to an order. There should be a correlation between the
purpose of publicity and the necessity test: that is, what is the least possible interference with
privacy in order to promote the purpose identified.
Decision-makers should ensure that the decisions to publicise orders are recorded. However,
this should not be seen as an onerous, lengthy task, but merely a way of recording the process
they go through to arrive at publication. To ensure it is achieved, it is good practice to
identify an individual, such as the anti-social behaviour co-ordinator, to be in charge of the
process.
The decision-making process should aim to consider and record several key factors:
- the need for publicity.
- a consideration of the human rights of the public.
- a consideration of the human rights of those against whom orders are made; and
- what the publicity should look like and whether it is proportionate to the aims of the
publicity.