A
BILL
[AS AMENDED IN PUBLIC BILL COMMITTEE]
TO
Make provision about anti-social behaviour, crime and disorder, including
provision about recovery of possession of dwelling-houses; to make provision
amending the Dangerous Dogs Act 1991, Schedules 7 and 8 to the Terrorism
Act 2000 and the Extradition Act 2003; to make provision about firearms and
about forced marriage; to make provision about the police, the Independent
Police Complaints Commission and the Serious Fraud Office; to make
provision about criminal justice and court fees; and for connected purposes.
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—
(1)
5A court may grant an injunction under this section against a person aged 10 or
over (“the respondent”) if two conditions are met.
(2)
The first condition is that the court is satisfied, on the balance of probabilities,
that the respondent has engaged or threatens to engage in conduct capable of
causing nuisance or annoyance to any person (“anti-social behaviour”).
(3)
10The second condition is that the court considers it just and convenient to grant
the injunction for the purpose of preventing the respondent from engaging in
anti-social behaviour.
(4)
An injunction under this section may for the purpose of preventing the
respondent from engaging in anti-social behaviour—
Anti-social Behaviour, Crime and Policing BillPage 2
(a)
prohibit the respondent from doing anything described in the
injunction;
(b) require the respondent to do anything described in the injunction.
(5)
Prohibitions and requirements in an injunction under this section must, so far
5as practicable, be such as to avoid—
(a) any conflict with the respondent’s religious beliefs;
(b)
any conflict with the respondent’s caring responsibilities including, in
particular, any caring responsibilities for a child;
(c)
any interference with the times, if any, at which the respondent
10normally works or attends school or any other educational
establishment;
(d)
any conflict with the requirements of any other court order or
injunction to which the respondent may be subject.
(6) An injunction under this section must—
(a) 15specify the period for which it has effect, or
(b) state that it has effect until further order.
In the case of an injunction granted before the respondent has reached the age
of 18, a period must be specified and it must be no more than 12 months.
(7)
An injunction under this section may specify periods for which particular
20prohibitions or requirements have effect.
(8) Jurisdiction under this Part is exercisable by—
(a) a youth court, in the case of a respondent aged under 18;
(b) the High Court or the county court, in any other case.
(1)
An injunction under section 1 that includes a requirement must specify the
person who is to be responsible for supervising compliance with the
requirement.
The person may be an individual or an organisation.
30The person may be an individual or an organisation.
(2)
Before including a requirement, the court must receive evidence about its
suitability and enforceability from—
(a)
the individual to be specified under subsection (1), if an individual is to
be specified;
(b)
35an individual representing the organisation to be specified under
subsection (1), if an organisation is to be specified.
(3)
Before including two or more requirements, the court must consider their
compatibility with each other.
(4) It is the duty of a person specified under subsection (1)—
(a)
40to make any necessary arrangements in connection with the
requirements for which the person has responsibility (the “relevant
requirements”);
(b)
to promote the respondent’s compliance with the relevant
requirements;
(c) 45if the person considers that the respondent—
Anti-social Behaviour, Crime and Policing BillPage 3
(i) has complied with all the relevant requirements, or
(ii) has failed to comply with a relevant requirement,
to inform the person who applied for the injunction and the
appropriate chief officer of police.
(5) 5In subsection (4)(c) “the appropriate chief officer of police” means—
(a)
the chief officer of police for the police area in which it appears to the
person specified under subsection (1) that the respondent lives, or
(b)
if it appears to that person that the respondent lives in more than one
police area, whichever of the relevant chief officers of police that person
10thinks it most appropriate to inform.
(6)
A respondent subject to a requirement included in an injunction under section
1 must—
(a)
keep in touch with the person specified under subsection (1) in relation
to that requirement, in accordance with any instructions given by that
15person from time to time;
(b) notify the person of any change of address.
These obligations have effect as requirements of the injunction.
(1)
A court granting an injunction under section 1 may attach a power of arrest to
20a prohibition or requirement of the injunction if the court thinks that—
(a)
the anti-social behaviour in which the respondent has engaged or
threatens to engage consists of or includes the use or threatened use of
violence against other persons, or
(b) there is a significant risk of harm to other persons from the respondent.
25“Requirement” here does not include one that has the effect of requiring the
respondent to participate in particular activities.
(2)
If the court attaches a power of arrest, the injunction may specify a period for
which the power is to have effect which is shorter than that of the prohibition
or requirement to which it relates.
(1) An injunction under section 1 may be granted only on the application of—
(a) a local authority,
(b) a housing provider,
(c) 35the chief officer of police for a police area,
(d) the chief constable of the British Transport Police Force,
(e) Transport for London,
(f) the Environment Agency,
(g)
the Secretary of State exercising security management functions within
40the meaning given by section 195(3) of the National Health Service Act
2006, or the Welsh Ministers exercising corresponding functions, or a
Special Health Authority exercising any such functions on the direction
of the Secretary of State or the Welsh Ministers,
(h) a headteacher, or
Anti-social Behaviour, Crime and Policing BillPage 4
(i) a principal of an FE institution.
(2)
A housing provider may make an application only if the application concerns
anti-social behaviour that directly or indirectly relates to or affects its housing
management functions.
(3)
5For the purposes of subsection (2) the housing management functions of a
housing provider include—
(a) functions conferred by or under an enactment;
(b)
the powers and duties of the housing provider as the holder of an estate
or interest in housing accommodation.
(4) 10The Secretary of State may by order—
(a) amend this section;
(b) amend section 19 in relation to expressions used in this section.
(1)
An application for an injunction under section 1 may be made without notice
15being given to the respondent.
(2) If an application is made without notice the court must either—
(a)
adjourn the proceedings and grant an interim injunction (see section 6),
or
(b) adjourn the proceedings without granting an interim injunction, or
(c) 20dismiss the application.
(1)
This section applies where the court adjourns the hearing of an application
(whether made with notice or without) for an injunction under section 1.
(2)
25The court may grant an injunction under that section lasting until the final
hearing of the application or until further order (an “interim injunction”) if the
court thinks it just to do so.
(3)
An interim injunction made at a hearing of which the respondent was not
given notice may not have the effect of requiring the respondent to participate
30in particular activities.
(4)
Subject to that, the court has the same powers (including powers under
section 3) whether or not the injunction is an interim injunction.
(1)
35The court may vary or discharge an injunction under section 1 on the
application of—
(a) the person who applied for the injunction, or
(b) the respondent.
(2) The power to vary an injunction includes power—
Anti-social Behaviour, Crime and Policing BillPage 5
(a)
to include an additional prohibition or requirement in the injunction, or
to extend the period for which a prohibition or requirement has effect;
(b)
to attach a power of arrest, or to extend the period for which a power of
arrest has effect.
(3)
5If an application under this section is dismissed, the party by which the
dismissed application was made may make no further application under this
section without—
(a) the consent of the court, or
(b) the agreement of the other party.
(4)
10Section 2 applies to additional requirements included under subsection (2)(a)
above as it applies to requirements included in a new injunction.
(1)
Where a power of arrest is attached to a provision of an injunction under
15section 1, a constable may arrest the respondent without warrant if he or she
has reasonable cause to suspect that the respondent is in breach of the
provision.
(2)
A constable who arrests a person under subsection (1) must inform the person
who applied for the injunction.
(3)
20A person arrested under subsection (1) must, within the period of 24 hours
beginning with the time of the arrest, be brought before—
(a)
a judge of the county court, if the injunction was granted by the county
court;
(b) a justice of the peace, if the injunction was granted by a youth court.
(4)
25In calculating when the period of 24 hours ends, Christmas Day, Good Friday
and any Sunday are to be disregarded.
(5)
The judge before whom a person is brought under subsection (3)(a) may
remand the person if the matter is not disposed of straight away.
(6)
The justice of the peace before whom a person is brought under subsection
30(3)(b) must remand the person to appear before—
(a)
the youth court that granted the injunction, if the person is aged under
18;
(b) the county court, if the person is aged 18 or over.
(1)
35If the person who applied for an injunction under section 1 thinks that the
respondent is in breach of any of its provisions, the person may apply for the
issue of a warrant for the respondent’s arrest.
(2) The application must be made to—
(a)
a judge of the county court, if the injunction was granted by the county
40court;
(b) a justice of the peace, if the injunction was granted by a youth court.
Anti-social Behaviour, Crime and Policing BillPage 6
(3)
A judge or justice may issue a warrant under this section only if the judge or
justice has reasonable grounds for believing that the respondent is in breach of
a provision of the injunction.
(4)
A warrant issued by a judge of the county court must require the respondent
5to be brought before that court.
(5)
A warrant issued by a justice of the peace must require the respondent to be
brought before—
(a)
the youth court that granted the injunction, if the person is aged under
18;
(b) 10the county court, if the person is aged 18 or over.
(6)
A constable who arrests a person under a warrant issued under this section
must inform the person who applied for the injunction.
(7)
If the respondent is brought before a court by virtue of a warrant under this
section but the matter is not disposed of straight away, the court may remand
15the respondent.
Schedule 1 (remands under sections 8 and 9) has effect.
Schedule 2 (breach of injunctions: powers of court in respect of under-18s) has
20effect.
(1)
An injunction under section 1 may have the effect of excluding the respondent
from the place where he or she normally lives only if—
(a)
25that place is owned or managed by a local authority or a housing
provider,
(b)
the injunction is granted on the application of the local authority or
housing provider, and
(c) the court thinks that—
(i)
30the anti-social behaviour in which the respondent has engaged
or threatens to engage consists of or includes the use or
threatened use of violence against other persons, or
(ii)
there is a significant risk of harm to other persons from the
respondent.
(2)
35For the purposes of this section a local authority or housing provider owns a
place if—
(a)
the authority or provider is a person (other than a mortgagee not in
possession) entitled to dispose of the fee simple of the place, whether in
possession or in reversion, or
(b)
40the authority or provider is a person who holds or is entitled to the rents
and profits of the place under a lease that (when granted) was for a term
of not less then 3 years.
Anti-social Behaviour, Crime and Policing BillPage 7
(1) In this section “tenancy injunction” means an injunction granted—
(a) on the application of a local authority or a housing provider,
(b) against a person who has a tenancy agreement with the applicant,
(c)
5in respect of a breach or anticipated breach of the agreement on the
ground that the tenant—
(i) is engaging or threatening to engage in anti-social behaviour, or
(ii)
is allowing, inciting or encouraging any other person to engage
or threaten to engage in anti-social behaviour.
10“Tenancy agreement” here includes any agreement for the occupation of
residential accommodation.
(2)
Subsections (3) and (4) apply where the High Court or the county court grants
a tenancy injunction and is satisfied that—
(a)
the behaviour referred to in subsection (1)(c) consists of or includes the
15use or threatened use of violence (or would do so if engaged in), or
(b) there is a significant risk of harm to any person.
(3)
The court may include in the tenancy injunction a provision prohibiting the
person against whom it is granted from entering or being in—
(a)
any premises specified in the injunction (including the premises where
20the person normally lives);
(b) any area specified in the injunction.
(4)
The court may attach a power of arrest to any provision of the tenancy
injunction.
(5)
The following provisions of this Part apply to a tenancy injunction as they
25apply to an injunction under section 1—
(a) section 1(6);
(b) sections 3(2) and 8 (if a power of arrest is attached);
(c) sections 5 to 7;
(d) section 9;
(e) 30section 10 and Schedule 1;
(f) section 11 and Schedule 2;
(g) section 18(1).
(1) 35A person applying for an injunction under section 1 must before doing so—
(a)
consult the local youth offending team about the application, if the
respondent will be aged under 18 when the application is made;
(b)
inform any other body or individual the applicant thinks appropriate
of the application.
40This subsection does not apply to a without-notice application.
(2)
Where the court adjourns a without-notice application, before the date of the
first on-notice hearing the applicant must—
(a)
consult the local youth offending team about the application, if the
respondent will be aged under 18 on that date;
Anti-social Behaviour, Crime and Policing BillPage 8
(b)
inform any other body or individual the applicant thinks appropriate
of the application.
(3)
A person applying for variation or discharge of an injunction under section 1
granted on that person’s application must before doing so—
(a)
5consult the local youth offending team about the application for
variation or discharge, if the respondent will be aged under 18 when
that application is made;
(b)
inform any other body or individual the applicant thinks appropriate
of that application.
(4) 10In this section—
“local youth offending team” means—
the youth offending team in whose area it appears to the
applicant that the respondent lives, or
if it appears to the applicant that the respondent lives in more
15than one such area, whichever one or more of the relevant youth
offending teams the applicant thinks it appropriate to consult;
“on-notice hearing” means a hearing of which notice has been given to the
applicant and the respondent in accordance with rules of court;
“without-notice application” means an application made without notice
20under section 5.
(1)
An appeal lies to the Crown Court against a decision of a youth court made
under this Part.
(2) On an appeal under this section the Crown Court may make—
(a)
25whatever orders are necessary to give effect to its determination of the
appeal;
(b) whatever incidental or consequential orders appear to it to be just.
(3)
An order of the Crown Court made on an appeal under this section (other than
one directing that an application be re-heard by the youth court) is to be treated
30for the purposes of section 7 as an order of the youth court.
(1)
Chapter 1 of Part 2 of the Youth Justice and Criminal Evidence Act 1999
(special measures directions in the case of vulnerable and intimidated
witnesses) applies to proceedings under this Part as it applies to criminal
35proceedings, but with—
(a)
the omission of the provisions of that Act mentioned in subsection (2)
(which make provision appropriate only in the context of criminal
proceedings), and
(b) any other necessary modifications.
(2) 40The provisions are—
(a) section 17(4) to (7);
(b) section 21(4C)(e);
(c) section 22A;
(d) section 27(10);
(e) 45section 32.
Anti-social Behaviour, Crime and Policing BillPage 9
(3)
Rules of court made under or for the purposes of Chapter 1 of Part 2 of that Act
apply to proceedings under this Part—
(a) to the extent provided by rules of court, and
(b) subject to any modifications provided by rules of court.
(4)
5Section 47 of that Act (restrictions on reporting special measures directions etc)
applies with any necessary modifications—
(a) to a direction under section 19 of that Act as applied by this section;
(b) to a direction discharging or varying such a direction.
Sections 49 and 51 of that Act (offences) apply accordingly.
Section 49 of the Children and Young Persons Act 1933 (restrictions on reports
of proceedings in which children and young persons are concerned) does not
apply to proceedings under this Part.
(1)
15Rules of court may provide that an appeal from a decision of the High Court,
the county court or a youth court—
(a)
to dismiss an application for an injunction under section 1 made
without notice being given to the respondent, or
(b)
to refuse to grant an interim injunction when adjourning proceedings
20following such an application,
may be made without notice being given to the respondent.
(2)
In relation to a respondent attaining the age of 18 after proceedings under this
Part have begun, rules of court may—
(a)
provide for the transfer of the proceedings from the youth court to the
25High Court or the county court;
(b)
prescribe circumstances in which the proceedings may or must remain
in the youth court.
(1) In this Part—
30“anti-social behaviour” has the meaning given by section 1(2);
“court” is to be read in accordance with section 1(8);
“harm” includes serious ill-treatment or abuse, whether physical or not;
“housing accommodation” includes—
flats, lodging-houses and hostels;
35any yard, garden, outhouses and appurtenances belonging to
the accommodation or usually enjoyed with it;
any common areas used in connection with the
accommodation;
“housing provider” means—
40a housing trust, within the meaning given by section 2 of the
Housing Associations Act 1985, that is a charity;
a housing action trust established under section 62 of the
Housing Act 1988;
Anti-social Behaviour, Crime and Policing BillPage 10
in relation to England, a non-profit private registered provider
of social housing;
in relation to Wales, a Welsh body registered as a social
landlord under section 3 of the Housing Act 1996;
“local authority” means—
in relation to England, a district council, a county council, a
10London borough council, the Common Council of the City of
London or the Council of the Isles of Scilly;
in relation to Wales, a county council or a county borough
council;
“respondent” has the meaning given by section 1(1).
(2)
15A person’s age is treated for the purposes of this Part as being that which it
appears to the court to be after considering any available evidence.
(1)
In this section “existing order” means any of the following injunctions and
orders—
(a)
20an anti-social behaviour injunction under section 153A of the Housing
Act 1996;
(b)
an injunction under section 153B of that Act (injunction against
unlawful use of premises);
(c)
an injunction in which anything is included by virtue of section 153D(3)
25or (4) of that Act (power to include provision banning person from
premises or area, or to include power of arrest, in injunction against
breach of tenancy agreement);
(d)
an order under section 1 or 1B of the Crime and Disorder Act 1998 (anti-
social behaviour orders etc);
(e)
30an individual support order under section 1AA of that Act made in
connection with an order under section 1 or 1B of that Act;
(f) an intervention order under section 1G of that Act;
(g)
a drinking banning order under section 3 or 4 of the Violent Crime
Reduction Act 2006.
(2)
35The repeal or amendment by this Act of provisions about any of the existing
orders specified in subsection (1)(a) to (d), (f) and (g) does not apply in relation
to—
(a)
an application made before the commencement day for an existing
order;
(b)
40an existing order (whether made before or after that day) applied for
before that day;
(c) anything done in connection with such an application or order.
(3)
The repeal or amendment by this Act of provisions about an order specified in
subsection (1)(e) does not apply in relation to—
(a) 45an individual support order made before the commencement day;
(b) anything done in connection with such an order.
Anti-social Behaviour, Crime and Policing BillPage 11
(4)
As from the commencement day there may be no variation of an existing order
that extends the period of the order or of any of its provisions.
(5) At the end of the period of 5 years beginning with the commencement day—
(a)
in relation to any of the existing orders specified in subsection (1)(a), (b)
5and (d) to (g) that is still in force, this Part has effect, with any necessary
modifications (and with any modifications specified in an order under
section 152(6)), as if the provisions of the order were provisions of an
injunction under section 1;
(b)
the provisions of this Part set out in section 13(5) apply to any
10injunction specified in subsection (1)(c) that is still in force as they apply
to an injunction under section 1;
(c) subsections (2) to (4) cease to have effect.
(6)
In deciding whether to grant an injunction under section 1 a court may take
account of conduct occurring up to 6 months before the commencement day.
(7)
15In this section “commencement day” means the day on which this Part comes
into force.
(1) This section applies where a person (“the offender”) is convicted of an offence.
(2)
The court may make a criminal behaviour order against the offender if two
conditions are met.
(3)
The first condition is that the court is satisfied that the offender has engaged in
25behaviour that caused or was likely to cause harassment, alarm or distress to
one or more persons not of the same household as the offender.
(4)
The second condition is that the court considers that making the order will help
in preventing the offender from engaging in such behaviour.
(5)
A criminal behaviour order is an order which, for the purpose of preventing
30the offender from engaging in such behaviour—
(a) prohibits the offender from doing anything described in the order;
(b) requires the offender to do anything described in the order.
(6)
The court may make a criminal behaviour order against the offender only if it
is made in addition to—
(a) 35a sentence imposed in respect of the offence, or
(b) an order discharging the offender conditionally.
(7)
The court may make a criminal behaviour order against the offender only on
the application of the prosecution.
(8)
The prosecution must find out the views of the local youth offending team
40before applying for a criminal behaviour order to be made if the offender will
be under the age of 18 when the application is made.
Anti-social Behaviour, Crime and Policing BillPage 12
(9)
Prohibitions and requirements in a criminal behaviour order must, so far as
practicable, be such as to avoid—
(a) any conflict with the offender’s religious beliefs;
(b)
any conflict with the offender’s caring responsibilities including, in
5particular, any caring responsibilities for a child;
(c)
any interference with the times, if any, at which the offender normally
works or attends school or any other educational establishment;
(d)
any conflict with the requirements of any other court order or
injunction to which the offender may be subject.
(10) 10In this section “local youth offending team” means—
(a)
the youth offending team in whose area it appears to the prosecution
that the offender lives, or
(b)
if it appears to the prosecution that the offender lives in more than one
such area, whichever one or more of the relevant youth offending
15teams the prosecution thinks appropriate.
(1)
For the purpose of deciding whether to make a criminal behaviour order the
court may consider evidence led by the prosecution and evidence led by the
offender.
(2)
20It does not matter whether the evidence would have been admissible in the
proceedings in which the offender was convicted.
(3)
The court may adjourn any proceedings on an application for a criminal
behaviour order even after sentencing the offender.
(4) If the offender does not appear for any adjourned proceedings the court may—
(a) 25further adjourn the proceedings,
(b) issue a warrant for the offender’s arrest, or
(c) hear the proceedings in the offender’s absence.
(5)
The court may not act under paragraph (b) of subsection (4) unless it is satisfied
that the offender has had adequate notice of the time and place of the
30adjourned proceedings.
(6)
The court may not act under paragraph (c) of subsection (4) unless it is satisfied
that the offender—
(a)
has had adequate notice of the time and place of the adjourned
proceedings, and
(b)
35has been informed that if the offender does not appear for those
proceedings the court may hear the proceedings in his or her absence.
(7)
Subsection (8) applies in relation to proceedings in which a criminal behaviour
order is made against an offender who is under the age of 18.
(8) In so far as the proceedings relate to the making of the order—
(a)
40section 49 of the Children and Young Persons Act 1933 (restrictions on
reports of proceedings in which children and young persons are
concerned) does not apply in respect of the offender;
(b)
section 39 of that Act (power to prohibit publication of certain matters)
does so apply.
Anti-social Behaviour, Crime and Policing BillPage 13
(1)
A criminal behaviour order that includes a requirement must specify the
person who is to be responsible for supervising compliance with the
requirement.
5The person may be an individual or an organisation.
The person may be an individual or an organisation.
(2)
Before including a requirement, the court must receive evidence about its
suitability and enforceability from—
(a)
the individual to be specified under subsection (1), if an individual is to
10be specified;
(b)
an individual representing the organisation to be specified under
subsection (1), if an organisation is to be specified.
(3)
Before including two or more requirements, the court must consider their
compatibility with each other.
(4) 15It is the duty of a person specified under subsection (1)—
(a)
to make any necessary arrangements in connection with the
requirements for which the person has responsibility (the “relevant
requirements”);
(b) to promote the offender’s compliance with the relevant requirements;
(c) 20if the person considers that the offender—
(i) has complied with all the relevant requirements, or
(ii) has failed to comply with a relevant requirement,
to inform the prosecution and the appropriate chief officer of police.
(5) In subsection (4)(c) “the appropriate chief officer of police” means—
(a)
25the chief officer of police for the police area in which it appears to the
person specified under subsection (1) that the offender lives, or
(b)
if it appears to that person that the offender lives in more than one
police area, whichever of the relevant chief officers of police that person
thinks it most appropriate to inform.
(6) 30An offender subject to a requirement in a criminal behaviour order must—
(a)
keep in touch with the person specified under subsection (1) in relation
to that requirement, in accordance with any instructions given by that
person from time to time;
(b) notify the person of any change of address.
35These obligations have effect as requirements of the order.
(1)
A criminal behaviour order takes effect on the day it is made, subject to
subsection (2).
(2)
If on the day a criminal behaviour order (“the new order”) is made the offender
40is subject to another criminal behaviour order (“the previous order”), the new
order may be made so as to take effect on the day on which the previous order
ceases to have effect.
(3)
A criminal behaviour order must specify the period (“the order period”) for
which it has effect.
(4)
45In the case of a criminal behaviour order made before the offender has reached
the age of 18, the order period must be a fixed period of—
Anti-social Behaviour, Crime and Policing BillPage 14
(a) not less than 1 year, and
(b) not more than 3 years.
(5)
In the case of a criminal behaviour order made after the offender has reached
the age of 18, the order period must be—
(a) 5a fixed period of not less than 2 years, or
(b) an indefinite period (so that the order has effect until further order).
(6)
A criminal behaviour order may specify periods for which particular
prohibitions or requirements have effect.
(1)
This section applies where a court adjourns the hearing of an application for a
criminal behaviour order.
(2)
The court may make a criminal behaviour order that lasts until the final
hearing of the application or until further order (“an interim order”) if the court
15thinks it just to do so.
(3)
Section 21(6) to (8) and section 24(3) to (5) do not apply in relation to the
making of an interim order.
(4)
Subject to that, the court has the same powers whether or not the criminal
behaviour order is an interim order.
(1)
A criminal behaviour order may be varied or discharged by the court which
made it on the application of—
(a) the offender, or
(b) 25the prosecution.
(2)
If an application by the offender under this section is dismissed, the offender
may make no further application under this section without—
(a) the consent of the court which made the order, or
(b) the agreement of the prosecution.
(3)
30If an application by the prosecution under this section is dismissed, the
prosecution may make no further application under this section without—
(a) the consent of the court which made the order, or
(b) the agreement of the offender.
(4)
The power to vary an order includes power to include an additional
35prohibition or requirement in the order or to extend the period for which a
prohibition or requirement has effect.
(5)
Section 23 applies to additional requirements included under subsection (4) as
it applies to requirements included in a new order.
Anti-social Behaviour, Crime and Policing BillPage 15
(6)
In the case of a criminal behaviour order made by a magistrates’ court, the
references in this section to the court which made the order include a reference
to any magistrates’ court acting in the same local justice area as that court.
(1) If—
(a)
a person subject to a criminal behaviour order will be under the age of
18 at the end of a review period (see subsection (2)),
(b) the term of the order runs until the end of that period or beyond, and
(c) 10the order is not discharged before the end of that period,
a review of the operation of the order must be carried out before the end of that
period.
(2) The “review periods” are—