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The Crime & Disorder Act 1998 introduced a wide range of measures designed, amongst other things, to address persistent young offenders. These include: Ø Anti-Social Behaviour Orders (http://www.homeoffice.gov.uk/cdact/cdaint22.htm): These are short intensive programmes of community-based intervention combining punishment, rehabilitation and reparation imposed by the courts on the offender for a period of three months. They are specifically tailored to address the cause of a child or young person’s offending behaviour by imposing requirements as to the offender’s behaviour and whereabouts for the period of the order. http://www.homeoffice.gov.uk/cdact/asbo.htm These were introduced by the Crime and Disorder Act. The police or Local Authority (LA) can apply for an ASBO from a magistrate court when a person (over the age of ten) has been behaving in an anti-social manner, and it is necessary to protect others from further anti-social behaviour by that person. An ASBO remains in force for at least two years and a breach is a criminal offence, which can attract stiff penalties of up to five years’ imprisonment. ASBOs are an important addition to the range or responses available to tackle anti-social behaviour. There is no requirement to demonstrate that every other remedy has been exhausted before applying for an ASBO. The key is that an ASBO should be used where it is the most appropriate remedy. The Home Secretary, the Rt. Hon. Jack Straw MP, appointed Lord Warner to head an Action Group, whose members came from a wide range of organisations involved in the ASBO application process. This Group has produced a model protocol which aims to help Crime & Disorder Partnerships to adopt clear and effective procedures for dealing with anti-social behaviour in general, and to make the best use of the ASBO in particular. Information & templates on: data protection & information exchange; a step-by-step guide to applying for an ASBO; acceptable behaviour contracts; certificates of consultation; application checklist; & case summary examples are provided. The document is entitled Anti-Social Behaviour Orders: Guidance on Drawing up Local ASBO Protocols, June 2000, Home Office Publication http://www.homeoffice.gov.uk/cdact/index.htmJudgements on Anti-Social Behaviour Orders cases can be obtained from http://www.casetrack.comhttp://www.lexis-nexis.co.uk & http://www.westlaw.uk can provide information on reported and unreported anti-social behaviour order cases, covering magistrates, criminal and appeal court judgements, law journals, related articles and news. www.homeoffice.gov.uk/cdact/curfews.htm These were introduced by s14 of the Crime and Disorder Act 1998. The scheme allows a local authority (after confirmation by the Secretary of State) to ban children under 10 from being in a particular public place during specified hours, (between 9pm and 6am) otherwise than under the control of a parent or responsible adult. Local child curfew schemes have a dual purpose. They are designed to protect the interests of residents in certain areas where children congregate and engage in anti-social or criminal type behaviour. They are also aimed at protecting children and ensuring they are at home under adult supervision at night. Groups of unattended children out late at night could be at risk from older peers encouraging them into offending behaviour and also from adults (pimps, drug dealers). The steps that Local Authorities have to take and the conditions that apply are set out at www.homeoffice.gov.uk/cdact/curfews.htmFollowing consultations, the Government has announced its intention to legislate to increase the age range so that the scheme applies to children aged up to 15. : http://www.homeoffice.gov.uk/cdact/csorddft.htm These protect children under ten who are at risk of becoming involved in crime. A LA can obtain an Order from court when a child under ten has breached a curfew or acted in a way that would be an offence or justify an ASBO if they were ten or over. The Order puts the child under supervision of a social worker or member of the YOT. By January 2000, two Child Safety Orders had been made in the nine pilot areas. The Child Safety Order was implemented nationally in June 2000. http://www.homeoffice.gov.uk/cdact/cdaint24.htm The detention and training order (sections 73-79) provides for a single new custodial sentence for 10-17 year olds to replace the existing sentences of a secure training order and detention in a young offender institution for under 18s. It will provide a clear focus on preventing offending with the aim of ensuring that custodial sentences are more effective in preventing further crime. The orders are available for:· 15-17 year olds, for any imprisonable offence sufficiently serious to justify custody under section 1 of the Criminal Justice Act 1991;· 12-14 year olds, who are, in the opinion of the court, persistent offenders, for offences serious enough to justify custody under the 1991 Act; and· 10 and 11 year olds, for persistent offending and only then when the court considers that only custody is sufficient to protect the public from further offending. The power to introduce the detention and training order for this age group is at the discretion of the Home Secretary. The intention is to use this power only if it proves necessary or desirable to do so.Final Warning Scheme http://www.homeoffice.gov.uk/cact/cdaint20.htm These include police reprimands and warnings to replace the repeat cautioning of young offenders. The warning is to be accompanied by intervention to reduce the likelihood of re-offending. These will apply to young person’s aged from 10-17 years.http://www.homeoffice.gov.uk/cdact/parent.htm These require parents to control the behaviour of their children. A Magistrates’ Court may impose an order on a parent: when a child aged 10-17 years is convicted of an offence; is subject to an ASBO; where a Child Safety Order is made; or where a parent has been convicted of failing to make sure that the child attends school. The Order was implemented nationally from June 2000. http://www.homeoffice.gov.uk/cdact/repord.htm These require young offenders to make specific reparation either to the individual victim or the community. The reparation must be commensurate with the seriousness of the offence(s) for which the order is being given, but may not exceed a total of 24 hours in aggregate. It must be made within three months of the making of the order, and may not be made to any person without their consent. Reparation under the order might involve writing a letter of apology, apologising to the victim in person, cleaning graffiti or repairing criminal damage for which the offender has been responsible. Where the victim of the offence does not wish to receive direct reparation, reparative activity appropriate to the nature of the offence may be made to the community at large.http://www.homeoffice.gov.uk/cdact/truancy.htm These allow the police, working with local authorities and schools, to tackle truancy, one of the factors that put young people at risk of offending. Police (in schemes agreed with the local education authority) can pick up children who are truanting from schools and return them to an agreed designated area. |