Serious Organised Crime and Police Act 2005

141 Anti-social behaviour orders etc: reporting restrictions

(1) The Crime and Disorder Act 1998 (c. 37) is amended as follows.

(2) In section 1 (anti-social behaviour orders)—

(a) after subsection (10C) (inserted by section 139(2) of this Act), insert—

“(10D) In relation to proceedings brought against a child or a young person for an offence under subsection (10)—

(a) section 49 of the Children and Young Persons Act 1933 (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 proceedings are brought;

(b) section 45 of the Youth Justice and Criminal Evidence Act 1999 (power to restrict reporting of criminal proceedings involving persons under 18) does so apply.

(10E) If, in relation to any such proceedings, the court does exercise its power to give a direction under section 45 of the Youth Justice and Criminal Evidence Act 1999, it shall give its reasons for doing so.”,

(b) in subsection (12), before the definition of “the commencement date” insert—

““child” and “young person” shall have the same meaning as in the Children and Young Persons Act 1933;”.

(3) In section 1C (orders about anti-social behaviour on conviction in criminal proceedings), in subsection (9), after “(10C)” (inserted by section 139(4)(b) of this Act) insert “, (10D), (10E)”.

(4) Subject to paragraph 2(2) of Schedule 2 to the Youth Justice and Criminal Evidence Act 1999 (c. 23), until section 45 of that Act comes into force, the references to it in section 1(10D)(b) and (10E) of the Crime and Disorder Act 1998 (c. 37) (inserted by subsection (2) of this section) shall be read as references to section 39 of the Children and Young Persons Act 1933 (c. 12).