Serious Organised Crime and Police Act 2005 Explanatory Notes

Section 139: Orders about anti-social behaviour etc

340.This section amends the Crime and Disorder Act 1998 (“the 1998 Act”). Subsection (2) provides that in proceedings for breach of an anti-social behaviour order pursuant to section 1(10) of the 1998 Act, a copy of the court order as granted (including any maps and details of any prohibitions) can be put before the court as evidence that an order has been made, without the need for a statement formally proving the making of the original order.

341.Subsection (3) amends section 1A of the 1998 Act to provide an order making power enabling the Secretary of State to add to the list of “relevant authorities” that may apply for anti-social behaviour orders. Subsection (4) provides that the court can adjourn the proceedings for consideration of a section 1C order (anti-social behaviour orders on conviction). This adjournment can take place after sentence has been passed.

342.Subsections (6)to (9) give the court the power to grant an interim order in relation to an application for an order under section 1 or 1B or a request under section 1C of the 1998 Act pending a full hearing.

343.Subsection (10) provides that the court can adjourn the proceedings for consideration of a Football Banning Order as set out in section 14A of the Football Spectators Act 1989. This adjournment can take place after sentence has been passed.

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