Page 417 - 6. 2016 Diary 1st half New 26-05-21 No Table

circumstances it should be stated in the publicity that the order is temporary and that a
hearing for a ‘full’ order will follow, and distribution should be extremely localised.
Consideration of human rights
Consideration of the human rights of the individual who is subject to the order and of the
human rights of the public, including the victim(s) and potential victims, should be carried
out. Appropriate and proportionate publicity is compliant with the human rights of the
individual who is subject to the order. The Stanley v Brent case accepted that publicity was
needed for effective enforcement of the order. Individuals do not welcome publicity and may
view the effect of publicity as a punishment. However, a subjective assessment by the
individual of the effect of publicity is irrelevant in determining the purpose of the publicity.
Consideration of the human rights implications of publicity should be recorded.
Consideration of data protection
Publicity is not contrary to the Data Protection Act 1998 as long as authorities are operating
in accordance with the Act. There is an exemption in section 29 of the Act let the processing
of personal data for the purposes of prevention or detection of crime. This means that
personal data can be processed with a view to compliance with a statutory function, where the
data has been obtained from a person who possessed it for the purposes of the prevention or
detection of crime. This will be the case when considering publicising an ASBO.
Type of publicity
No one directly involved in the case (witnesses and victims) should wait unnecessarily for
information about an order. They should be informed immediately when an order is made.
This is in addition to keeping them informed of progress throughout the court process and can
be done by visits, letters and community meetings or by phone. Victims and witnesses may
also be given a copy of the order. It is
recommended that publicity be distributed to targeted households immediately after the order
has been granted and by at least a week after the court date. Local people should be informed
when variation or discharge of an order relevant to them is made.
The method of publicity can include the following:
- local print and television media.
- local leaflet drop; and
- local newsletter.
Practitioners need to apply the proportionality test when deciding which method is
appropriate.
Leaflets and other printed materials, such as posters or residents’ newsletters, allow local
agencies to target particular neighbourhoods, streets or households with information.
The public can be informed about an ASBO at any time - publicity can be issued and re-
issued according to the circumstances. However, publicity needs to be timely to ensure that
people are able to enforce the order as soon as it has been granted and to reassure the public
that something is being done.
Working with the media
It is usual for local statutory agencies to have working relationships with local and regional
media, including press, television and radio. This is particularly relevant to issues such as
anti-social behaviour and where the media are keen to report how local agencies are tackling
these issues through the deployment of dispersal orders, ASBOs crack house’ closures, etc.
It is important to work with local media and to make them understand that it is not the
purpose of any publicity to punish the individual. Media coverage has the potential to go to a
wider audience than leaflets or posters. It is good practice to identify newspapers that report
on city, borough and neighbourhood issues, free local press and local radio and television and
to develop working relationships with them. This could include being aware of their