183.Section 41 amends the 1998 Act in relation to parenting orders by strengthening the assumption that a parenting order will be made when a young person under the age of 16 is convicted of an offence of breaching an ASBO.
184.Subsection (3) inserts a new section 8A into the 1998 Act. New section 8A provides that when a young person under the age of 16 is convicted of an offence of breaching an ASBO, the court must make a parenting order unless there are exceptional circumstances.
185.Section 8A(3) provides that the parenting order must specify the requirements it considers would be desirable in the interests of preventing any repetition of the behaviour that led to the ASBO being made, or the commission of any further offence by the person convicted.
186.Section 8A(4) provides that if a court does not make a parenting order in reliance on the exceptional circumstances proviso, it must state in open court that it is of that opinion and what the exceptional circumstances are.
187.Section 8A(5) applies provisions of section 8 of the 1998 Act to parenting orders made under new section 8A. The provisions of section 8 which are applied are:
Subsection (3) (court not to make parenting order unless arrangements available in local area);
Subsection (4) (definition of parenting order);
Subsection (5) (counselling or guidance programme not necessary if there has been a previous parenting order);
Subsection (7A) (counselling or guidance programme may require parent to attend a residential course).
188.Section 8A(6) ensures that section 9(3) to section 9(7) of the 1998 Act also apply to parenting orders made under new section 8A. These sections:
require the court to explain to the parent the effect of the order and the consequences of breaching it;
specify that, as far as practical, the requirements in the order and directions given under it should not conflict with a parent’s religious beliefs or interfere with a parent’s work or education;
enable the court to discharge or vary the order;
make parents convicted of failing to comply with requirements in the parenting order or directions given under the parenting order liable to a fine.