Commentary on Sections Anti-social behaviour orders Section 40: Report on family circumstances
180.Anti-social behaviour orders (ASBOs) are designed to prevent individuals from engaging in specific anti-social acts. This section amends the Crime and Disorder Act 1998 (“the 1998 Act”) under which ASBOs are made.
181.Subsection (2) inserts new subsection (1C) into section 1 of the 1998 Act. This requires anyone who makes an application for an ASBO to the magistrates’ court under section 1 of the 1998 Act, in relation to a young person under the age of 16, to prepare a report on the young person’s family circumstances in accordance with regulations made by the Secretary of State. It is intended that the regulations will specify certain topics or issues that the report should address, for example levels of family support for the young person.
182.Subsections (3) and (4) make consequential amendments as a result of new subsection (1C). This includes a requirement that the court must take into account this report when considering whether to make a parenting order under section 9 of the 1998 Act.