(1)This section applies where a person (the “offender”) is convicted of a relevant offence.
(2)If the court considers—
(a)that the offender has acted, at any time since the commencement date, in an anti-social manner, that is to say in a manner that caused or was likely to cause harassment, alarm or distress to one or more persons not of the same household as himself, and
(b)that an order under this section is necessary to protect persons in any place in England and Wales from further anti-social acts by him,
it may make an order which prohibits the offender from doing anything described in the order.
(3)The court may make an order under this section
[F2(a)if the prosecutor asks it to do so, or
(b)if the court thinks it is appropriate to do so.]
[F3(3A)For the purpose of deciding whether to make an order under this section the court may consider evidence led by the prosecution and the defence.
(3B)It is immaterial whether evidence led in pursuance of subsection (3A) would have been admissible in the proceedings in which the offender was convicted.]
(4)An order under this section shall not be made except—
(a)in addition to a sentence imposed in respect of the relevant offence; or
(b)in addition to an order discharging him conditionally.
[F4(4A)The court may adjourn any proceedings in relation to an order under this section even after sentencing the offender.
(4B)If the offender does not appear for any adjourned proceedings, the court may further adjourn the proceedings or may issue a warrant for his arrest.
(4C)But the court may not issue a warrant for the offender's arrest unless it is satisfied that he has had adequate notice of the time and place of the adjourned proceedings.]
(5)An order under this section takes effect on the day on which it is made, but the court may provide in any such order that such requirements of the order as it may specify shall, during any period when the offender is detained in legal custody, be suspended until his release from that custody.
(6)F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7)F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8)F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(9)Subsections (7), (10) [F6, (10C)][F7, (10D), (10E)] and (11) of section 1 apply for the purposes of the making and effect of orders made by virtue of this section as they apply for the purposes of the making and effect of anti-social behaviour orders.
[F8(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.]
[F9(9A)The council for the local government area in which a person in respect of whom an anti-social behaviour order has been made resides or appears to reside may bring proceedings under section 1(10) (as applied by subsection (9) above) for breach of an order under subsection (2) above.
[F10(9AA)Sections 1AA and 1AB apply in relation to orders under this section, with any necessary modifications, as they apply in relation to anti-social behaviour orders.
(9AB)In their application by virtue of subsection (9AA), sections 1AA(1A)(b) and 1AB(6) have effect as if the words “by complaint” were omitted.
(9AC)In its application by virtue of subsection (9AA), section 1AA(1A)(b) has effect as if the reference to the relevant authority which applied for the anti-social behaviour order were a reference to the chief officer of police, or other relevant authority, responsible under section 1K(2)(a) or (b) for carrying out a review of the order under this section.]
(9B)Subsection (9C) applies in relation to proceedings in which an order under subsection (2) is made against a child or young person who is convicted of an offence.
(9C)In so far as the proceedings relate to the making of the order—
(a)section 49 of the Children and Young Persons Act 1933 (c. 12) (restrictions on reports of proceedings in which children and young persons are concerned) does not apply in respect of the child or young person against whom the order is made;
(b)section 39 of that Act (power to prohibit publication of certain matter) does so apply.]
(10)In this section—
[F11“child” and “young person” have the same meaning as in the Children and Young Persons Act 1933 (c. 12);]
“the commencement date” has the same meaning as in section 1 above;
“the court” in relation to an offender means—
the court by or before which he is convicted of the relevant offence; or
if he is committed to the Crown Court to be dealt with for that offence, the Crown Court; and
“relevant offence” means an offence committed after the coming into force of section 64 of the Police Reform Act 2002 (c. 30).]
Textual Amendments
F1S. 1C inserted (2.12.2002) by Police Reform Act 2002 (c. 30), s. 64; S.I. 2002/2750, art. 2(a)(vii)
F2S. 1C(3)(a)(b) substituted (31.3.2004) for words in s. 10(3) by Anti-social Behaviour Act 2003 (c. 38), s. 86(1), 93(1); S.I. 2004/690, art. 2(b)(iii)
F3S. 1C(3A)(3B) inserted (31.3.2004) by Anti-social Behaviour Act 2003 (c. 38), s. 86(2), 93(1); S.I. 2004/690, art. 2(b)(iii)
F4S. 1C(4A)-(4C) inserted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 139(4)(a), 178(8); S.I. 2005/1521, art. 3(1)(s)
F5S. 1C(6)-(8) repealed (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 140(3), 174(2), 178(8), Sch. 17 Pt. 2; S.I. 2005/1521, art. 3(1)(s)(ee)
F6Words in s. 1C(9) inserted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 139(4)(b), 178(8); S.I. 2005/1521, art. 3(1)(s)
F7Words in s. 1C(9) inserted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 141(3), 178(8); S.I. 2005/1521, art. 3(1)(s)
F8S. 1C(9ZA) inserted (1.2.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 123(3), 153(7) (with Sch. 27 para. 33); S.I. 2009/140, art. 2(b)
F9S. 1C(9A)-(9C) inserted (20.1.2004 in relation to s. 1C(9B)(9C), otherwise 31.3.2004) by Anti-social Behaviour Act 2003 (c. 38), ss. 86(3), 93(1); S.I. 2003/3300, art. 2(f)(ii); S.I. 2004/690 {art. 2(b)(iii)}
F10S. 1C(9AA)-(9AC) inserted (1.2.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 124(7), 153(7) (with Sch. 27 para. 34); S.I. 2009/140, art. 2(c)
F11S. 1C(10): definitions of "child" and "young person" inserted (20.1.2004) by Anti-social Behaviour Act 2003 (c. 38), ss. 86(4), 93(1); S.I. 2003/3300, art. 2(f)(ii)