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A copy of the order should be provided to the lead agency’s legal representative on the same
day as the court hearing, and in the case of a child or young person, the court will provide a
further copy for the youth
Campbell, S. (2002) Implementing Antisocial! Behaviour Orders: messages for
practitioners. Home Office Findings 160, Sections 1(9), 18(6) and 1C of the Crime and
Disorder Act 1998, as amended. justices’ Clerks' Society. Good practice guide Anti-Social
Behaviour Orders. A Guide to Law and Procedure in the Magistrates' Court, 4.5(V).
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Immediate post-order procedure (adults and your people)
offending team (YOT). The YOT should arrange for action to be taken by an appropriate
agency (for example social services) to ensure that the young person understands the
seriousness of the order.
It should also consider the provision of appropriate support programmes to help avoid a
breach of the order by diverting the offender from the behaviour that led to it, although such
programmes cannot, as the law currently stands, be a condition of the order.
Enforcing the order
The obtaining of the order is not the end of the process. The order must be monitored and
enforced properly.
Partnership working after the order is made should include information exchange to ensure
early warning of problems and clarification of who should do what to safeguard witnesses, as
well as what other action should be taken to challenge the perpetrator in such cases.
Agencies need to be alert to the prospect that this should become a statutory requirement in
the near future. Adopting this as best practice now will enable them to achieve compliance
more readily.
Police National Computer (PNC)
Recording of orders on the PNC will enable police forces to enforce breaches effectively.
Local arrangements should be made for orders to be placed on the PNC so that police officers
are in a position to access usable data to identify those who are subject to an order.
Conditions of the order should be appended clearly along with the identity of the case officer
so that the necessary action can be taken in ease of a breach (which is an arrestable offence).
It is essential that breaches of an order, appeals against the sentence and any other actions
relating to the management of the case are reported to the agency responsible for the
management of the case.
One-year review of juveniles' ASBOs
Orders issued to young people should be reviewed each year, given young people’s
continually changing circumstances, to help ensure that they are receiving the support they
need in order to prevent breach. The review should be administrative rather than judicial and
should be undertaken by the team that decided upon the initial application. Where
practicable, the YOT should provide the group with an assessment of the young person.
Depending upon progress towards improved behaviour, possible outcomes will include an
application to discharge the order or a strengthening of the prohibitions. Applications to vary
or discharge the order will have to be made to the court in the usual way. The overriding
considerations remain the safety and needs of the community, and the review would have to
incorporate the community’s views on the order’s effectiveness.
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Appeals

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