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Children and young people
considers that the conditions for making the order arc not met. ISOs are not available for
orders on conviction.
Role of the youth offending team
The YOT advises the magistrates’ court on whether an ISO is necessary and the conditions an
ISO should contain. This information is based on a need’s assessment of the young person.
The YOT is responsible for co-ordinating delivery of the ISO and also has a role in ensuring
that the terms and conditions of both the ASBO and ISO are understood by the defendant.
The conditions within the ISO are overseen by a responsible officer who is usually a member
of the YOT, social services or local education authority.
Variation and discharge
An application to vary or discharge the ISO may be made by either the young person subject
to the ISO or the responsible officer. The need to very an ISO may arise where support
proves to be inappropriate or the individual moves out of the area. Equally if the ASBO
linked to the ISO is varied by a court, the court may also vary or discharge the ISO at the
same time.
If the ASBO comes to an end or is discharged, the ISO also ceases to have effect.
Breach
Breach of an ISO is an offence and criminal penalties apply, for ISOs to be credible, breaches
must be dealt with.
The responsible officer is responsible for ensuring compliance with an ISO. It will usually be
appropriate for the responsible officer to encourage compliance using warning tetters before
instigating proceedings for a criminal prosecution.
The breach is taken forward by the Crown Prosecution Service and breach proceedings are
heard in the youth court. If a court finds that the subject of the order has failed to comply with
any requirement of the order, they are guilty of an offence. Breach is a summary offence and
the court can impose a fine of up to:
£1,000, if defendant aged 14 or over; or
A.250, if defendant aged under 14.
Where the defendant is under 16, the parent will usually be responsible for payment of the
fine. The court also has the discretion to order the parent to pay if the defendant is aged
between 16 and 18 (as set out in section 137 of the Powers of Criminal Court (Sentencing)
Act 2000.
A referral order is not available for breach of an ISO.
Balcony games for the boys creates corridor of hell for neighbours: ASBOs, ISOs and a
house move bring relief for all
Issue
Sons of two neighbouring families were responsible for persistent noise nuisance which
caused neighbours great distress for over a year. The children of families X and Y, aged
between 10 and 15, lived in first- floor council flats where they played rowdy games outside
their flats. Family X had a secure tenancy while family Y had a short-term tenancy. Residents
frequently complained to the housing office or to the local police community support officers
(PCSOs).
Approach
Police and the housing office worked closely together on the case and discovered a pattern of
nuisance. PCSOs and the estate manager mediated between families X and Y and their
neighbours. When mediation failed, joint visits were made to warn the families of the
consequences of their continued antisocial behaviour. Formal warnings followed, outlining
the consequences of the boys’ actions in terms of potential ASBOs and possible loss of their
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