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

Breach of anti-social behaviour orders

Article 7 provides that breach of an ASBO will be a criminal offence for which the normal procedures for prosecution of criminal offences should apply.  It is intended that cases should be heard summarily in a magistrates’ court and on indictment in the Crown Court.

Under paragraph (1) the maximum penalty available on summary conviction would be six months’ imprisonment or a fine of up to the statutory maximum, or both.  The maximum penalty on conviction on indictment would be five years imprisonment, or a fine or both.

Restrictions on reporting

Article 8makes provision whereby a court, when dealing with proceedings for an ASBO against a child, may direct that no report shall be published in a newspaper or any broadcast which reveals the name, address or school of the child or includes any particulars likely to lead to the identification of the child and that no picture is to be published as being or including a picture of the child.  If someone breaches a prohibition by the court under this Article he shall be guilty of an offence and be liable on summary conviction to a fine not exceeding level 5 on the standard scale, that is £5000.

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