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outlined in the order on conviction hearing can be used, unless the court orders otherwise.
Where the court making the order does impose reporting restrictions under section 39 of the
Children and Young Persons Act 1933, the press must scrupulously observe these.
A court must have a good reason to make a section 39 order. Age alone is insufficient to
justify reporting restrictions being imposed. Section 141 of the Serious Organised Crime and
Police Act 2005 reverses the presumption in relation to reporting restrictions in the youth
court in cases for breach of ASBOs. Automatic reporting restrictions will not apply but the
court retains the discretion to impose them. The prosecutor can make an application to the
court for this. While it is the case that from 1 July 2005 no automatic reporting restrictions
have applied in cases for breach of ASBOs relating to children and young people, when
dealing with the case the court will consider whether reporting restrictions were imposed
when the original order was granted. As ASBOs are civil orders, reporting restrictions will
not have applied (unless imposed by the court).
If reporting restrictions were imposed at the original ASBO hearing, then unless there has
been a significant change in the intervening period, it is likely that the court will impose
reporting restrictions at the hearing for the breach. If no reporting restrictions were imposed
at the original ASBO hearing, it is still open to the court to impose reporting restrictions at
the hearing of the breach case. If reporting restrictions are not imposed, publicity can be
considered, considering all the matters that are relevant when considering publicising the
ASBO itself.
Photographs
A photograph of the subject of the ASBO will usually be required so that they can be
identified. This is particularly necessary for older people or housebound witnesses who may
not know the names of those causing a nuisance in the area. The photograph should be as
recent as possible.
Distribution of publicity
This should be primarily within the area(s) that suffered from the anti-social behaviour and
that are covered by the terms of the order, including exclusion zones. People who have
suffered from anti-social behaviour, for example residents, local businesses, shop staff, staff
of local public services, particular groups or households should be the intended audience.
All orders should be recorded on the Police National Computer to assist enforcement.
This is particularly relevant where the order extends across England and Wales. It may be
appropriate to extend publicity beyond the area where the anti-social behaviour was focused
if there is a general term prohibiting harassment, alarm or distress in a wider area.
It may also be appropriate if there is a danger of displacement of the anti-social behaviour to
distribute it just beyond the area covered by the order.
The timescale over which publicity is anticipated to occur should also be given due
consideration and decisions recorded. It is important that publicity does not become out of
date or irrelevant. Special attention needs to be paid to posters that are distributed to other
organisations, as posters should not be left up when the need for them has expired.
It will usually be appropriate to issue publicity when a full order is made, rather than an
interim order. However, exceptions can be made, for example where the antisocial behaviour
is severe, where there has been extreme intimidation or where there is
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Simon Cordell’s Skeleton Argument (2) Pdf
Promoting awareness of orders
a delay between the making of the interim order and the outcome of the final hearing.
In the case of Keating v Knowsley Metropolitan Borough Council [2004] EWHC 1933
(Admin), the judge held that publicity could be used for interim orders. In these