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Anti-social Behaviour, Crime and Policing Act 2014

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This is the original version (as it was originally enacted).

Review of orders (under-18s)

28Review of orders

(1)If—

(a)a person subject to a criminal behaviour order will be under the age of 18 at the end of a review period (see subsection (2)),

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

(c)the order is not discharged before the end of that period,

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

(2)The “review periods” are—

(a)the period of 12 months beginning with—

(i)the day on which the criminal behaviour order takes effect, or

(ii)if during that period the order is varied under section 27, the day on which it is varied (or most recently varied, if the order is varied more than once);

(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 of 12 months the order is varied under section 27, the day on which it is varied (or most recently varied, if the order is varied more than once).

(3)A review under this section must include consideration of—

(a)the extent to which the offender has complied with the order;

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

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

(4)Those carrying out or participating in a review under this section must have regard to any relevant guidance issued by the Secretary of State under section 32 when considering—

(a)how the review should be carried out;

(b)what particular matters the review should deal with;

(c)what action (if any) it would be appropriate to take as a result of the findings of the review.

29Carrying out and participating in reviews

(1)A review under section 28 is to be carried out by the chief officer of police of the police force maintained for the police area in which the offender lives or appears to be living.

(2)The chief officer, in carrying out a review under section 28, must act in co-operation with the council for the local government area in which the offender lives or appears to be living; and the council must co-operate in the carrying out of the review.

(3)The chief officer may invite the participation in the review of any other person or body.

(4)In this section “local government area” means—

(a)in relation to England, a district or London borough, the City of London, the Isle of Wight and the Isles of Scilly;

(b)in relation to Wales, a county or a county borough.

For the purposes of this section, the council for the Inner and Middle Temples is the Common Council of the City of London.

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