Criminal Justice Act 2003

Individual support orders E+W

322 Individual support orders E+W

After section 1A of the Crime and Disorder Act 1998 (c. 37) there is inserted—

“1AA Individual support orders

(1) 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, it must consider whether the individual support conditions are fulfilled.

(2) If it is satisfied that those conditions are fulfilled, the court must make an order under this section (“an individual support 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 the making of the anti-social behaviour order;

(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available in the area in which it appears to it that the defendant resides or will reside and the notice has not been withdrawn.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 which led to the making of the anti-social behaviour order.

(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 social services department 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 social services department;

(b) a person nominated by [F1 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.

1AB Individual support orders: explanation, breach, amendment etc

(1) Before making an individual support order, the court shall explain to the defendant in ordinary language—

(a) the effect of the order and of the requirements proposed to be included in it;

(b) the consequences which may follow (under subsection (3) below) if he fails to comply with any of those requirements; and

(c) that the court has power (under subsection (6) below) to review the order on the application either of the defendant or of the responsible officer.

(2) The power of the Secretary of State under section 174(4) of the Criminal Justice Act 2003 includes power by order to—

(a) prescribe cases in which subsection (1) above does not apply; and

(b) prescribe cases in which the explanation referred to in that subsection may be made in the absence of the defendant, or may be provided in written form.

(3) If the person in respect of whom an individual support order is made fails without reasonable excuse to comply with any requirement included in the order, he is guilty of an offence and liable on summary conviction to a fine not exceeding—

(a) if he is aged 14 or over at the date of his conviction, £1,000;

(b) if he is aged under 14 then, £250.

(4) No referral order under section 16(2) or (3) of the Powers of Criminal Courts (Sentencing) Act 2000 (referral of young offenders to youth offender panels) may be made in respect of an offence under subsection (3) above.

(5) If the anti-social behaviour order as a result of which an individual support order was made ceases to have effect, the individual support order (if it has not previously ceased to have effect) ceases to have effect when the anti-social behaviour order does.

(6) On an application made by complaint by—

(a) the person subject to an individual support order, or

(b) the responsible officer,

the court which made the individual support order may vary or discharge it by a further order.

(7) If the anti-social behaviour order as a result of which an individual support order was made is varied, the court varying the anti-social behaviour order may by a further order vary or discharge the individual support order.”

Textual Amendments

F1 Words in s. 322 inserted (with effect in relation to any authority which appoint a director of children's services before the appointed day, from the day of his appointment as mentioned in s. 18(9)(a) of the amending Act (which received the Royal Assent on 15.11.2004), otherwise 1.1.2008) by Children Act 2004 (c. 31), ss. 18(9)(10), 67, Sch. 2 para. 8; S.I. 2007/1792, art. 2

323 Individual support orders: consequential amendments E+W

(1) The Crime and Disorder Act 1998 (c. 37) is amended as mentioned in subsections (2) to (5).

(2) In section 4 of that Act (appeals against orders)—

(a) in subsection (1) after “an anti-social behaviour order” there is inserted “ , an individual support order ”, and

(b) in subsection (3) after “1(8)” there is inserted “ , 1AB(6) ”.

(3) In section 18(1) of that Act (interpretation of Chapter 1)—

(a) after the definition of “curfew notice” there is inserted—

““individual support order” has the meaning given by section 1AA(2) above;”, and

(b) in the definition of “responsible officer”, before paragraph (a) there is inserted—

“(za) in relation to an individual support order, has the meaning given by section 1AA(10) above;”.

(4) In section 18(4) of that Act (cases where social worker or member of a youth offending team to give supervision or directions)—

(a) after “directions under” there is inserted “ an individual support order or ”, and

(b) for “the child or, as the case may be, the parent” there is substituted “ the child, defendant or parent, as the case may be, ”.

(5) In section 38 of that Act (local provision of youth justice services), in subsection (4)(f) after “in relation to” there is inserted “ individual support orders, ”.

(6) In section 143(2) (provisions in which sums may be altered) of the Magistrates' Courts Act 1980 (c. 43), after paragraph (d) there is inserted—

“(da) section 1AB(3) of the Crime and Disorder Act 1998 (failure to comply with individual support order);”.