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Criminal Justice and Immigration Act 2008

New Section 1K of the 1998 Act

698.New section 1K sets out which agencies are responsible for carrying out and participating in the review.

699.New section 1K(1) requires the applicant agency to carry out the review of any ASBO that it applied for.

700.New section 1K(2) requires that for ASBOs obtained on conviction (where the applicant may be the CPS, or the order may be made by the Court itself), the police are to carry out the review, unless the ASBO specifies otherwise.

701.New section 1K(3) and (4) require the police and the local authority to co-operate with each other’s reviews. New section 1K(5) obliges other applicant agencies (eg. registered social landlords) to co-operate with the police and local authority, and similarly both the police and the local authority are duty bound to co-operate with, for example, a registered social landlord’s review.

702.New section 1K(6) enables the agency carrying out the review to invite another person or body (eg. the local youth offending team) to participate in the review, distinct from those already obliged to do so.

703.New section 1K(7) gives the definition of police and local authority for the purposes of this section, ie. the police or local authority where the subject resides or appears to reside.

704.Subsection (2) amends section 1(1A) of the 1998 Act, which sets out the definition of a relevant authority, to extend that definition to cover these provisions.

705.Subsection (3) enables an agency other than the police (the default option set out in new section 1K(2)) to be specified as the agency responsible for carrying out the yearly review of an order obtained on conviction. The means for doing so is through a designation by the Court, either at the time the ASBO is made or subsequently when it is varied by a further Court order.

706.Paragraph 23 of Schedule 27 to the Act (transitional etc. provisions) sets the timing criteria for ASBOs to be subject to the new review requirement. In addition to all the requirements set out above, to qualify for a review, an ASBO must:

  • be less than nine months old when these provisions come into force; or

  • have been varied nine months (or less) before the requirement comes into force.

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