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Explanatory Memorandum to Anti-social Behaviour (Northern Ireland) Order 2004


Whilst some concerns were expressed, most respondees registered support for the development of ASBOs, both linked to a criminal conviction and by application to a civil court.  This was both on consultation on the policy proposals and on the legislation.  Many respondents welcomed ASBOs as an important, long over-due, mechanism which could enhance public safety and help people in Northern Ireland to live free from fear.

Whilst it was widely acknowledged that ASBOs would not in themselves constitute the entire solution to anti-social behaviour in Northern Ireland, they would, nonetheless make a valuable contribution to the wider community safety strategy.  Several respondents elaborated on this and believed that ASBOs should generally be used as a last resort and in conjunction with a package of services including rehabilitative and preventative services.  An issue which was raised was in relation to protection of the identity of the child.  The Order gives courts the discretionary power to impose reporting restrictions when making an ASBO against a child.  The legislation clarifies that the whole proceedings be covered.

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