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will cease to have effect if the application for the ASBO or county court order is withdrawn
or refused.
93
142,
Simon Cordell’s Skeleton Argument (2) Pdf
Taking a strategic approach
may extend over any defined area of England and Wales; and
18. has the same breach penalties as for a full order.
The court procedures and forms to be used when applying for or making an interim order are
set out in the Magistrates’ Courts (Anti-Social Behaviour Orders) Rules 2002 (available at
www.opsi.gov.uk/si/si2002/ 20022784.htm).
Interim orders made in the county courts
A relevant authority may apply for an interim order in the county court once it is party to the
‘principal proceedings. The application for an interim order should be made early in the
proceedings.
The procedure for making applications for orders in the county court is set out in the Practice
Direction of the updated Cavil Procedure Rules 65.24 to 26 (Appendix B).
Orders against children and young people
Under the Crime and Disorder Act 1998, applications for ASBOs against young people aged
10 to 17, and in certain circumstances 18-year-olds, can be heard in the magistrates’ court. As
a result of the recent practice direction (the Magistrates’ Courts (Anti-Social Behaviour
Orders) Composition of Benches practice direction, February 2006), the justices constituting
the court should normally be qualified to sit in the youth court unless to do so would result in
a delayed hearing. Applications for orders are not heard in the youth court as a matter of
course because of the civil status of the orders, although youth courts may make orders where
appropriate on conviction.
Practitioners familiar with dealing with young people’s cases will be aware of the restrictions
on reporting that apply under the Children and Young Persons Act 1933- However, automatic
reporting restrictions do not apply to stand-alone ASBOs as they are civil orders.
In orders on conviction cases, the court does have discretion under section 39 of the Children
and Young Persons Act 1933 to impose reporting restrictions. Reporting
restrictions will always apply to the criminal proceedings on which the order on conviction is
based but in till other cases, the presumption is that publicity will be allowed. See page 52 for
detailed guidance on promoting awareness of orders.
A court making an ASBO does have the power to impose restrictions to protect the identity of
a person under 18. But the imposition of reporting restrictions may restrict the effectiveness
of the order if the effectiveness of the ASBO will largely depend on the wider community
knowing the details. Please see the separate sections on publicity and on children and young
people.
Breach of an order
Breach of an order is a criminal offence; criminal procedures and penalties apply.
The standard of proof required is the criminal standard. Guilt must be established beyond
reasonable doubt. Breach proceedings are heard in the magistrates' court and may be
committed to the Crown Court. Such proceedings are the same irrespective of whether the
order is a full or interim order made on application to the magistrates’ court or the county
court, or an order on conviction in criminal proceedings.
Expert prosecutors
A team of 14 anti-social behaviour expert prosecutors has been set up with funding from the
Together campaign to support all Crown Prosecution Service (CPS) prosecutors dealing with

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