Page 96 - tmp

anti-social behaviour-related cases. The team drives improvements in performance across the
country.
The team:
19. promotes better partnership working between local prosecutors, the police, focal
authorities, registered social landlords and others involved in taking action against anti-social
behaviour.
20. delivers training to prosecutors on the new powers to obtain orders on conviction
provides advice to prosecutors on the full range of enforcement measures and key issues such
as prosecution of ASBO breach; and
94
143,
Simon Cordell’s Skeleton Argument (2) Pdf
Hiking v stnitegic cipjrraacb
• works with court clerks and magistrates in improving their response to anti-social
behaviour.
In addition to the 14 specialist prosecutors, anti-social behaviour co-ordinators have now
been appointed CPS-wide to ensure that there is a focus on anti-social behaviour issues in
every CPS area. Their role is to drive this work forward. Further information can be obtained
from Sarah Johnston at sarah.johnston@cps.gsi.gov.uk.
Standard ASBO form
A copy of the order form used by the magistrates’ courts can be found at Appendix C.
Disposals
The maximum penalty for breach of an order is five years’ imprisonment tor an adult
offender. A conditional discharge is not available for breach of an ASBO.
The full range of disposals of the youth court is available, and custody should only be
considered as a last resort in cases of serious and persistent breach (if appropriate, breach
may be dealt with by way of a final warning). Where custody is deemed by the court to be
necessary, the maximum sentence for breach by children and young people is a detention and
training order (DTO), which has a maximum term of 24 months - 12 months of which is
custodial and 12 months is in the community. The DTO is available for 12 to 17-year-olds
(although 12 to 14-year-olds must be persistent (criminal) offenders to be given a DTO). A
10 to 11 -year-old can be given a community order for breach of an ASBO. The sentence
given should be proportionate and reflect the impact of the anti-social behaviour. It must
relate to all the relevant circumstances, such as the number of breaches and how the breach
relates to the finding of anti-social behaviour. Proceedings should be swift and not fractured
by unnecessary adjournments either during the proceedings or before sentencing. Information
on how to handle breaches of ASBOs by young people is contained in page 26 of the anti-
social behaviour guidance issued by the Youth Justice Board, Home Office and Association
of Chief Police Officers.
The leading precedent for the approach on sentencing on this point is R v Lamb \ 20051
EWCA Crim 2487. In this judgment the court drew the distinction between a breach that
represents further anti-social behaviour and those that are merely breaches of the terms of an
order, for instance, as in that case, not to enter a particular metro system. Differing from
earlier decisions - in particular from the case of R v Morrison [2005] EWCA Crim 2237 - the
court held that the orders are properly designed to protect the public from frequent and
distressing repeated misbehaviour.
In the case of Morrison, it was determined that if the breach amounted to a specific criminal
offence that carried a particular penalty, the sentence for breach of the ASBO could not be
greater than that.

Page 94 of 139