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decided that the lead agency should contest the application for variation or discharge, it
should give the court its reasons, supported as appropriate by evidence gathered in the course
of monitoring the effectiveness of the order. The magistrates’ legal adviser will send details
of the variation or discharge of any order to the local police force and local authority. The
police should record any discharge or variation of the order on their computer system and
arrange for any changes to be reflected in the Police National Computer record.
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Simon Cordell’s Skeleton Argument (2) Pdf
• Monitoring and recording
Local agencies should agree common procedures for recording and monitoring both their
successful and unsuccessful applications. Details of orders granted should be sent to the local
crime and disorder reduction partnership (CDRP) anti-social behaviour co-ordinator and the
local authority or police as appropriate, as well as to other agencies involved with the
offender (including the local youth offending team if the offender is under 3 8 years old).
As a minimum there should be a record of:
the original application (or details of the prosecution and hearing of any request for the order
in the case of an order on conviction), including the name, address, date of birth, gender and
ethnicity of the defendant.
the order itself, including, where applicable, the map showing any exclusion area.
the date and details of any variation or discharge of the order; and
the action taken for any breach.
The following information could also be recorded:
name, address, age, gender and ethnicity of any victim - or a statement that the case involved
no identified victim.
details of any person or persons who complained of the behaviour.
details of any contributory issues, for example drugs, alcohol and substance misuse and/or
mental health problems.
details of any aggravating factors, for example racial motivation; and
assessment of outcome in terms of whether or not the anti-social behaviour ceased,
satisfy themselves and the public that their anti-social behaviour policies do not discriminate.
The Act also imposes a duty to promote race equality. As part of this duty, local authorities
and the police should therefore ensure that they monitor the impact of their anti-social
behaviour policy on the promotion of race equality. Systems to monitor the ethnicity of both
defendants and victims will therefore need to be in place.
This information should, where possible, be collected on the basis of self-definition by the
defendant.
From December 2006, the new general duty under the Disability Discrimination Act requires
a public authority to pay due regard when carrying out its functions to: the need to eliminate
unlawful discrimination against disabled people; the need to eliminate disability-related
harassment of disabled people; the need to promote equality of opportunity for disabled
people; anti the need to take account of disabled persons’ disabilities even where that
involves more favourable treatment. Advice on the general duty can also be obtained from
the leaflet issued by the Office for Disability Issues (ODI) entitled Disability equality: a
priority for all. The Disability Rights Commission website at www.dre.org.uk contains
information under the section on publications entitled. Do the Duty’.
Consistency of information will help to assess the effectiveness of orders and inform future
local audits and crime reduction strategies.
Local authorities and other agencies, including the police, have a duty under the Race
Relations (Amendment) Act 2000 to

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