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Criminal Justice and Immigration Act 2008

Section 124: Individual support orders

707.Individual support orders (ISOs) are civil orders that can be attached to stand-alone ASBOs for 10-17 year olds.

708.ISOs last for up to 6 months and impose positive conditions designed to tackle the underlying causes of a young person’s anti-social behaviour. The support will be tailored to the individual’s needs and can require a young person to attend up to two sessions a week. For example, the young person may be required to attend an anger management course.

709.Subsection (1)of section 124 inserts new subsections into section 1AA of the 1998 Act, which deals with ISOs. The new subsections will allow ISOs to be made more than once, and to be made subsequent to the making of the original ASBO, provided that the Court is satisfied that the other conditions for doing so have been met: that it is on application from the original applicant agency; that the subject is still under 18; that his ASBO is still in force; and that it will help prevent further anti-social behaviour on his part.

710.Subsection (2) extends the first condition for an ISO so that an order can also be made if it is desirable in the interests of preventing repetition of anti-social behaviour which led to a variation. Subsection (3) makes a corresponding amendment to section 1AA(5) (which sets out the requirements that may be specified in an ISO).

711.Subsection (4) applies the definition of relevant authority in section 1(1A) of the 1998 Act to the ISO provisions in section 1AA.

712.Subsection (5) sets a time limit on any ISO subsequent to the original hearing, so that it cannot be made to last beyond the lifetime of the ASBO.

713.Subsection (6) allows ISOs to be made in the county court, should the ASBO be made as a result of proceedings there, either at the time or subsequently.

714.Subsection (7) allows ISOs to be made for ASBOs obtained on conviction, provided that the other criteria for doing so are met; and also allows whoever is carrying out the annual review to make an ISO application.

715.Paragraph 23 of Schedule 27 to the Act sets the timing criteria for ISOs, so that they may be applied for only when the ASBO:

  • is less than nine months old when the provisions come into force;

  • or has been varied nine months (or less) before the provisions come into force.

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