Crime and Disorder Act 1998

[F1 1AA Individual support orders E+W

[F2 (1) This section applies where a court makes an anti-social behaviour order in respect of a defendant who is a child or young person when that order is made.

(1A) This section also applies where—

(a) an anti-social behaviour order has previously been made in respect of such a defendant;

(b) an application is made by complaint to the court which made that order, by the relevant authority which applied for it, for an order under this section; and

(c) at the time of the hearing of the application—

(i) the defendant is still a child or young person, and

(ii) the anti-social behaviour order is still in force.

(1B) The court must consider whether the individual support conditions are fulfilled and, if satisfied that they are, must make an individual support order.

(2) An individual support order is an order which—]

(a) requires the defendant to comply, for a period not exceeding six months, with such requirements as are specified in the order; and

(b) requires the defendant to comply with any directions given by the responsible officer with a view to the implementation of the requirements under paragraph (a) above.

(3) The individual support conditions are—

(a) that an individual support order would be desirable in the interests of preventing any repetition of the kind of behaviour which led to [F3 the making of—

(i) the anti-social behaviour order, or

(ii) an order varying that order (in a case where the variation is made as a result of further anti-social behaviour by the defendant);]

(b) that the defendant is not already subject to an individual support order; and

(c) that the court has been notified by the Secretary of State that arrangements for implementing individual support orders are available in the area in which it appears to it that the defendant resides or will reside and the notice has not been withdrawn.

(4) If the court is not satisfied that the individual support conditions are fulfilled, it shall state in open court that it is not so satisfied and why it is not.

(5) The requirements that may be specified under subsection (2)(a) above are those that the court considers desirable in the interests of preventing any repetition of the kind of behaviour [F4 mentioned in subsection (3)(a) above].

(6) Requirements included in an individual support order, or directions given under such an order by a responsible officer, may require the defendant to do all or any of the following things—

(a) to participate in activities specified in the requirements or directions at a time or times so specified;

(b) to present himself to a person or persons so specified at a place or places and at a time or times so specified;

(c) to comply with any arrangements for his education so specified.

(7) But requirements included in, or directions given under, such an order may not require the defendant to attend (whether at the same place or at different places) on more than two days in any week; and “week” here means a period of seven days beginning with a Sunday.

(8) Requirements included in, and directions given under, an individual support order shall, as far as practicable, be such as to avoid—

(a) any conflict with the defendant’s religious beliefs; and

(b) any interference with the times, if any, at which he normally works or attends school or any other educational establishment.

(9) Before making an individual support order, the court shall obtain from a social worker of a local authority F5 . . . or a member of a youth offending team any information which it considers necessary in order—

(a) to determine whether the individual support conditions are fulfilled, or

(b) to determine what requirements should be imposed by an individual support order if made,

and shall consider that information.

(10) In this section and section 1AB below “responsible officer”, in relation to an individual support order, means one of the following who is specified in the order, namely—

(a) a social worker of a local authority F5 . . . ;

(b) a person nominated by [F6 a person appointed as director of children’s services under section 18 of the Children Act 2004 or by] a person appointed as chief education officer under section 532 of the Education Act 1996 (c. 56);

(c) a member of a youth offending team.]

Textual Amendments

F1 Ss. 1AA, 1AB inserted (1.5.2004) by Criminal Justice Act 2003 (c. 44), ss. 322, 336(3); S.I. 2004/829 {art. 3(2)(b)}

F2 S. 1AA(1)-(1B) and words in s. 1AA(2) substituted for s. 1AA(1) and words in s. 1AA(2) (1.2.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 124(1), 153(7) (with Sch. 27 para. 34); S.I. 2009/140, art. 2(c)

F3 Words in s. 1AA(3)(a) substituted (1.2.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 124(2), 153(7) (with Sch. 27 para. 34); S.I. 2009/140, art. 2(c)

F4 Words in s. 1AA(5) substituted (1.2.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 124(3), 153(7) (with Sch. 27 para. 34); S.I. 2009/140, art. 2(c)

F5 Words in s. 1AA(9)(10) repealed (1.4.2005 for E. and 1.4.2006 for W.) by Children Act 2004 (c. 31), ss. 64, 67(8), Sch. 5 Pt. 4, Note; S.I. 2005/394, art. 2(2)(g); S.I. 2006/885, art. 2(2)(h)

F6 Words s. 1AA(10)(b) inserted (with effect for specified purposes as mentioned in s. 18(9)(a) of the amending Act, otherwise 1.1.2008) by virtue of Children Act 2004 (c. 31), ss. 18(9)(10), 67(2), Sch. 2 para. 8; S.I. 2007/1792, art. 2