Commentary on Sections Section: 306: Limit on period of detention without charge of suspected terrorists Section 322: Individual support orders
680.Section 1 of the Crime and Disorder Act 1998 permits the police, the British Transport police, local authorities and registered social landlords to apply for anti-social behaviour orders (ASBOs) in the Magistrates’ court. Orders can be issued to persons over 10 years who have acted in an anti-social manner and where the order is necessary to protect the public from further anti-social acts. Section 1 defines an anti-social manner as that which causes or is likely to cause harassment, alarm and distress to one or more persons not of the same household. Anti-social behaviour includes harassment, noise nuisance, writing graffiti and verbal abuse. An ASBO prohibits the person under the order from doing anything described in the order. Section 292 inserts sections 1AA (Individual support orders) and 1AB (explanation, breach, amendment etc.) after section 1A of the Crime and Disorder Act 1998. These sections allow for a new order aimed at preventing further anti-social behaviour to be available where an anti-social behaviour order has already been granted against a person under 18.
681.Subsection (1) of section 1AA (Individual support orders) obliges the court to consider the question of making an ISO after an anti-social behaviour order is made against a child or young person (that is a person aged 10-17). Subsection (2) states that the court must make an ISO if it is satisfied that the ISO conditions in subsection (3) are satisfied. Subsection (2)(a) ensures that requirements under the order cannot exceed a period of 6 months. Subsection (2)(b) allows the order to require the defendant to comply with directions given by a 'responsible officer' who can be one of the persons set out in subsection (10).
682.All three conditions set out in subsection (3) have to be satisfied for an ISO to be made. If the conditions are not met and an ISO is not made, subsection (4) requires the court to state in open court why it considers that the conditions are not met.
683.Subsection (5) sets out the nature of the requirements which a court can make in an ISO, namely any requirement that the court considers desirable in the interests of preventing a repetition of the anti-social behaviour which led to the ASBO.
684.Subsection (6) sets out certain things which an ISO may require the defendant to do or which a responsible officer may direct the defendant to do. Subsection (7) ensures that the person subject to the order cannot be required to attend any place (or different places) under the order on more than two occasions in any given week. Subsection (8) obliges the court, when imposing requirements, to avoid conflict with religious beliefs and avoid interference with other educational attendance requirements as far as this is practicable.
685.Subsection (9) allows the court to obtain whatever information it considers necessary in order to determine whether the individual support conditions set out in subsection (3) are fulfilled and in order to determine the requirements that should be included in an order. The court is empowered to obtain this information from a social worker of a local authority social services department or a member of youth offending team.
686.Subsection (1) of section 1AB (Individual Support Orders: explanation, breach, amendment etc) sets out the court’s obligation to explain to the defendant in open court the effect of the order, the consequences of breach and the power to review the order on application.
687.Subsection (2) allows for the Secretary of State to prescribe cases where: the requirement to explain to the defendant in open court will not apply; where the explanation can be made in writing; or the explanation can be given in the absence of the defendant.
688.Subsection (3) sets the maximum fines available for non-compliance with an ISO. In the magistrates courts where these breaches would be heard there is a cap imposed by the section 135 of the Powers of Criminal Courts (Sentencing) Act 2000. For under 18 it is £1,000; for under 14 it is £250. Subsection (4) proscribes the use of referral orders for non-compliance with an ISO.
689.Subsection (5) requires an ISO to cease if the ASBO to which it is linked ceases. Subsection (6) allows the person who is subject to the order or the responsible officer to apply to the court for the order to be varied or discharged. Subsection (7) allows a court to vary or discharge an ISO if it is varying the ASBO to which the ISO is linked.