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Criminal Justice and Immigration Act 2008

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123Review of anti-social behaviour orders etc.E+W

This section has no associated Explanatory Notes

(1)In Part 1 of the Crime and Disorder Act 1998 (c. 37) (prevention of crime and disorder) after section 1I insert—

1JReview of orders under sections 1, 1B and 1C

(1)This section applies where—

(a)an anti-social behaviour order,

(b)an order under section 1B, or

(c)an order under section 1C,

has been made in respect of a person under the age of 17.

(2)If—

(a)the person subject to the order will be under the age of 18 at the end of a period specified in subsection (3) (a “review period”), and

(b)the term of the order runs until the end of that period or beyond,

then before the end of that period a review of the operation of the order shall be carried out.

(3)The review periods are—

(a)the period of 12 months beginning with—

(i)the day on which the order was made, or

(ii)if during that period there is a supplemental order (or more than one), the date of the supplemental order (or the last of them);

(b)a period of 12 months beginning with—

(i)the day after the end of the previous review period, or

(ii)if during that period there is a supplemental order (or more than one), the date of the supplemental order (or the last of them).

(4)In subsection (3) “supplemental order” means—

(a)a further order varying the order in question;

(b)an individual support order made in relation to the order in question on an application under section 1AA(1A).

(5)Subsection (2) does not apply in relation to any review period if the order is discharged before the end of that period.

(6)A review under this section shall include consideration of—

(a)the extent to which the person subject to the order has complied with it;

(b)the adequacy of any support available to the person to help him comply with it;

(c)any matters relevant to the question whether an application should be made for the order to be varied or discharged.

(7)Those carrying out or participating in a review under this section shall have regard to any guidance issued by the Secretary of State when considering—

(a)how the review should be carried out;

(b)what particular matters should be dealt with by the review;

(c)what action (if any) it would be appropriate to take in consequence of the findings of the review.

1KResponsibility for, and participation in, reviews under section 1J

(1)A review under section 1J of an anti-social behaviour order or an order under section 1B shall be carried out by the relevant authority that applied for the order.

(2)A review under section 1J of an order under section 1C shall be carried out—

(a)(except where paragraph (b) applies) by the appropriate chief officer of police;

(b)where a relevant authority is specified under section 1C(9ZA), by that authority.

(3)A local authority, in carrying out a review under section 1J, shall act in co-operation with the appropriate chief officer of police; and it shall be the duty of that chief officer to co-operate in the carrying out of the review.

(4)The chief officer of police of a police force, in carrying out a review under section 1J, shall act in co-operation with the appropriate local authority; and it shall be the duty of that local authority to co-operate in the carrying out of the review.

(5)A relevant authority other than a local authority or chief officer of police, in carrying out a review under section 1J, shall act in co-operation with—

(a)the appropriate local authority, and

(b)the appropriate chief officer of police;

and it shall be the duty of that local authority and that chief officer to co-operate in the carrying out of the review.

(6)A chief officer of police or other relevant authority carrying out a review under section 1J may invite the participation in the review of a person or body not required by subsection (3), (4) or (5) to co-operate in the carrying out of the review.

(7)In this section—

  • the appropriate chief officer of police” means the chief officer of police of the police force maintained for the police area in which the person subject to the order resides or appears to reside;

  • the appropriate local authority” means the council for the local government area (within the meaning given in section 1(12)) in which the person subject to the order resides or appears to reside.

(2)In section 1(1A) of that Act (meaning of “relevant authority”) for “1CA, 1E and 1F” substitute “ 1C, 1CA, 1E, IF and 1K ”.

(3)In section 1C of that Act (orders on conviction in criminal proceedings) after section (9) insert—

(9ZA)An order under this section made in respect of a person under the age of 17, or an order varying such an order, may specify a relevant authority (other than the chief officer of police mentioned in section 1K(2)(a)) as being responsible for carrying out a review under section 1J of the operation of the order.

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Commencement Information

I1S. 123 in force at 1.2.2009 by S.I. 2009/140, art. 2(b)

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