- Latest available (Revised)
- Original (As enacted)
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Anti-social Behaviour Act 2003. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
Commencement Orders bringing provisions within this Act into force:
Commencement Orders bringing legislation that affects this Act into force:
1In this Schedule “the 2000 Act” means the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6).E+W
2(1)Section 37 of the 2000 Act (curfew orders) is amended as follows.E+W
(2)Subsection (4) (which limits to three months the duration of a curfew order made in respect of a person aged under 16 on conviction) is omitted.
(3)For subsection (12) there is substituted—
“(12)In this Act, “responsible officer”, in relation to an offender subject to a curfew order, means—
(a)where the offender is also subject to a supervision order, the person who is the supervisor in relation to the supervision order, and
(b)in any other case, the person who is responsible for monitoring the offender’s whereabouts during the curfew periods specified in the order.”
3After section 64 of the 2000 Act there is inserted—E+W
Nothing in this Chapter prevents a court which makes a supervision order in respect of an offender from also making a curfew order in respect of him.”
4(1)Schedule 6 to the 2000 Act (requirements which may be included in supervision orders) is amended as follows.E+W
(2)In paragraph 2(5) (total number of days during which offender may be required to comply with directions of supervisor not to exceed 90), for “90” there is substituted “ 180 ”.
(3)In paragraph 3 (requirements as to activities, reparation, night restrictions etc)—
(a)sub-paragraph (2)(e) (night restriction) is omitted, and
(b)in sub-paragraph (3) (total number of days in respect of which an offender may be subject to requirements imposed by virtue of any of sub-paragraph (2)(a) to (e) not to exceed 90)—
(i)for the words “, (d) or (e)” there is substituted “ or (d) ”, and
(ii)for “90” there is substituted “ 180 ”.
(4)Paragraph 4 (night restrictions) is omitted.
(5)After paragraph 5 there is inserted—
5A(1)Where the conditions mentioned in sub-paragraph (2) below are satisfied, a supervision order may impose a requirement (“a foster parent residence requirement”) that the offender shall live for a specified period with a local authority foster parent.
(2)The conditions are that—
(a)the offence is punishable with imprisonment in the case of an offender aged 18 or over;
(b)the offence, or the combination of the offence and one or more offences associated with it, was so serious that a custodial sentence would normally be appropriate (or, where the offender is aged 10 or 11, would normally be appropriate if the offender were aged 12 or over); and
(c)the court is satisfied that—
(i)the behaviour which constituted the offence was due to a significant extent to the circumstances in which the offender was living, and
(ii)the imposition of a foster parent residence requirement will assist in his rehabilitation.
(3)A foster parent residence requirement shall designate the local authority who are to place the offender with a local authority foster parent under section 23(2)(a) of the Children Act 1989, and that authority shall be the authority in whose area the offender resides.
(4)A court shall not impose a foster parent residence requirement unless—
(a)the court has been notified by the Secretary of State that arrangements for implementing such a requirement are available in the area of the designated authority;
(b)the notice has not been withdrawn; and
(c)the court has consulted the designated authority.
(5)Subject to paragraph 5(2A) of Schedule 7 to this Act, the maximum period which may be specified in a foster parent residence requirement is twelve months.
(6)A court shall not impose a foster parent residence requirement in respect of an offender who is not legally represented at the relevant time in that court unless—
(a)he was granted a right to representation funded by the Legal Services Commission as part of the Criminal Defence Service for the purposes of the proceedings but the right was withdrawn because of his conduct; or
(b)he has been informed of his right to apply for such representation for the purposes of the proceedings and has had opportunity to do so, but nevertheless refused or failed to apply.
(7)In sub-paragraph (6) above—
(a)“the relevant time” means the time when the court is considering whether or not to impose the requirement, and
(b)“the proceedings” means—
(i)the whole proceedings, or
(ii)the part of the proceedings relating to the imposition of the requirement.
(8)A supervision order imposing a foster parent residence requirement may also impose any of the requirements mentioned in paragraphs 2, 3, 6 and 7 of this Schedule.
(9)If at any time while a supervision order imposing a foster parent residence requirement is in force, the supervisor notifies the offender—
(a)that no suitable local authority foster parent is available, and
(b)that the supervisor has applied or proposes to apply under paragraph 5 of Schedule 7 for the variation or revocation of the order,
the foster parent residence requirement shall, until the determination of the application, be taken to require the offender to live in local authority accommodation (as defined by section 163 of this Act).
(10)This paragraph does not affect the power of a local authority to place with a local authority foster parent an offender to whom a local authority residence requirement under paragraph 5 above relates.
(11)In this paragraph “local authority foster parent” has the same meaning as in the Children Act 1989.”
5In section 21 of the Children Act 1989 (c. 41) (provision of accommodation for children in police protection or detention or on remand, etc.) in subsection (2)(c)(ii) after “2000” there is inserted “ or a foster parent residence requirement under paragraph 5A of that Schedule ”.E+W
6(1)Schedule 7 to the 2000 Act (breach, revocation and amendment of supervision orders) is amended as follows.E+W
(2)In paragraph 2 (breach of requirement of supervision order)—
(a)in sub-paragraph (1), after “5” there is inserted “ , 5A ”,
(b)in sub-paragraph (2)(a)(ii) after “subject to” there is inserted “ sub-paragraph (2A) below and ”, and
(c)after sub-paragraph (2) there is inserted—
“(2A)The court may not make a curfew order under sub-paragraph (2)(a)(ii) above in respect of an offender who is already subject to a curfew order.”
(3)In paragraph 5 (revocation and amendment of supervision order)—
(a)after sub-paragraph (2) there is inserted—
“(2A)In relation to a supervision order imposing a foster parent residence requirement under paragraph 5A of Schedule 6 to this Act, the power conferred by sub-paragraph (1)(b)(ii) above includes power to extend the period specified in the requirement to a period of not more than 18 months beginning with the day on which the requirement first had effect.”, and
(b)sub-paragraph (3)(b) and the word “or” immediately preceding it are omitted.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: