The Act Schedule 6: Specific offences which are arrestable offences Section 63: Orders in county court proceedings
339.This section inserts new section 1B into the Crime and Disorder Act 1998. It enables relevant authorities to apply to the county court in certain circumstances for an order prohibiting anti-social behaviour.
340.New section 1B(2) allows a relevant authority to apply for an order in the county courts if that authority is already party to proceedings. If the relevant authority is not party to such proceedings, section 1B(3) allows it to apply to the court to be joined to such proceedings. In all cases, the person against whom the order is being sought must be party to the proceedings.
341.New section 1B(4) stipulates that the county court may make an order under new section 1B if it is proved that the conditions set out in section 1(1) of the Crime and Disorder Act 1998 as amended have been met. Those conditions are that the individual has acted in an anti-social manner, and that the order is necessary to protect relevant persons from further anti-social acts by him.
342.New section 1B(5) allows for the relevant authority or a person who is subject to an order made in the county court to apply to the court for the order to be varied or removed by the court, subject to section 1B(6).
343.New section 1B(7) applies to section 1B subsections (5) to (7) and (10) to (12) of section 1 of the Crime and Disorder Act 1998, as amended. Subsection (5) specifies that when the court is determining whether a defendant has been acting in an anti-social manner, it must disregard any act that the defendant shows was reasonable in the circumstances. Subsection (6), as amended by section 61(7), enables courts to make ASBOs for the protection of persons anywhere in England and Wales. Subsection (7) states that an ASBO remains in place for the period it specifies, which must be for a minimum of two years, or until replaced by a further order. Subsection (10) provides that if a person does anything which he is prohibited to do by an ASBO, he is liable, on summary conviction, to imprisonment for a maximum of six months, or to the maximum statutory fine (currently £5000) or to both. If convicted on indictment, he is liable to imprisonment for a term not exceeding five years or to a fine, or to both. Subsection (11) specifies that a person cannot be given a conditional discharge as sentence for breach of an ASBO. Subsection (12) contains definitions of terms used in the section.