Section 65: Interim orders
348.This section inserts new section 1D into the Crime and Disorder Act 1998, enabling relevant authorities to apply for interim orders.
349.New section 1D(1) enables the magistrates’ court and the county court to make an interim order under section 1 or new section 1B, before the full application process is complete, if the court considers it just to do so. (Interim orders are not available to the criminal courts because orders under section 1C will be only made in the criminal courts once the court case is complete and the offender has been convicted).
350.New section 1D(3) provides that an interim order can prohibit the defendant from doing anything described in the order. Under new section 1D(4), it must be for a fixed period but can be varied, renewed or discharged. If still in force, it ceases to have effect when the main application is decided.
351.New section 1D(5) applies subsections (6), (8) and (10) to (12) of section 1 of the Crime and Disorder Act 1998 to this section. Subsection (6), as amended by section 61(7), enables courts to make orders for the protection of persons anywhere in England and Wales. Subsection (8) entitles the applicant or defendant to apply to the court which made the order to vary or discharge it. Subsection (10) provides that if a person does anything which he is prohibited to do by an order, 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 order.
352.Subsection (2) applies the existing provision regarding the appeals process against ASBOs to interim orders under section 1D. Appeal is to the Crown Court.
