The Magistrates' Courts (Anti-Social Behaviour Orders) Rules 2002

Statutory Instruments

2002 No. 2784 (L. 14)

MAGISTRATES' COURTS, ENGLAND AND WALES

PROCEDURE

The Magistrates' Courts (Anti-Social Behaviour Orders) Rules 2002

Made

8th November 2002

Laid before Parliament

11th November 2002

Coming into force

2nd December 2002

The Lord Chancellor, in exercise of the powers conferred upon him by section 144 of the Magistrates' Courts Act 1980(1), and after consultation with the rule committee appointed under that section, hereby makes the following Rules:

Citation, interpretation and commencement

2.—(1) These Rules may be cited as the Magistrates' Courts (Anti-Social Behaviour Orders) Rules 2002 and shall come into force on 2nd December 2002.

(2) In these Rules any reference to a numbered section is a reference to the section so numbered in the Crime and Disorder Act 1998(2), any reference to a “form” includes a form to like effect, and, unless otherwise stated, reference to a “Schedule” is a reference to a Schedule hereto.

Transitional Provisions

3.  After these Rules come into force, rules 6 and 7 of, and Schedules 5 and 6 to the Magistrates' Courts (Sex Offender and Anti-Social Behaviour Orders) Rules 1998(3) shall (notwithstanding their revocation) continue to apply to proceedings commenced prior to the commencement of these Rules.

Forms

4.—(1) An application for an anti-social behaviour order shall be in the form set out in Schedule 1.

(2) Any summons directed to the defendant requiring him to appear before a magistrates' court to answer such an application shall be in the form set out in Schedule 2.

(3) An anti-social behaviour order made under section 1 shall be in the form set out in Schedule 3.

(4) An order made under section 1C(4) on conviction in criminal proceedings shall be in the form set out in Schedule 4.

(5) An application for an interim anti-social behaviour order made under section 1D(5) shall be in the form set out in Schedule 5.

(6) An interim anti-social behaviour order made under section 1D shall be in the form set out in Schedule 6.

Interim Orders

5.—(1) An application for an interim order under section 1D, may, with leave of the justices' clerk, be made without notice being given to the defendant.

(2) The justices' clerk shall only grant leave under paragraph (1) of this rule if he is satisfied that it is necessary for the application to be made without notice being given to the defendant.

(3) If an application made under paragraph (2) is granted, then the interim order and the application for an anti-social behaviour order under section 1 (together with a summons giving a date for the defendant to attend court) shall be served on the defendant in person as soon as practicable after the making of the interim order.

(4) An interim order which is made at the hearing of an application without notice shall not take effect until it has been served on the defendant.

(5) If such an interim order made without notice is not served on the defendant within seven days of being made, then it shall cease to have effect.

(6) An interim order shall cease to have effect if the application for an anti-social behaviour order is withdrawn.

(7) Where the court refuses to make an interim order without notice being given to the defendant it may direct that the application be made on notice.

(8) If an interim order is made without notice being given to the defendant, and the defendant subsequently applies to the court for the order to be discharged or varied, his application shall not be dismissed without the opportunity for him to make oral representations to the court.

Application for variation or discharge

6.—(1) This rule applies to the making of an application for the variation or discharge of an order made under section 1, 1C or, subject to rule 5(8) above, 1D.

(2) An application to which this rule applies shall be made in writing to the magistrates' court which made the order, or in the case of an application under section 1C to any magistrates' court in the same petty sessions area, and shall specify the reason why the applicant for variation or discharge believes the court should vary or discharge the order, as the case may be.

(3) Subject to rule 5(8) above, where the court considers that there are no grounds upon which it might conclude that the order should be varied or discharged, as the case may be, it may determine the application without hearing representations from the applicant for variation or discharge or from any other person.

(4) Where the court considers that there are grounds upon which it might conclude that the order should be varied or discharged, as the case may be, the justices' chief executive shall, unless the application is withdrawn, issue a summons giving not less than 14 days' notice in writing of the date, time and place appointed for the hearing.

(5) The justices' chief executive shall send with the summons under paragraph 4 above a copy of the application for variation or discharge of the anti-social behaviour order.

Service

7.—(1) Subject to rule 5(3), any summons, or copy of an order or application required to be sent under these Rules to the defendant shall be either given to him in person or sent by post to the last known address, and, if so given or sent, shall be deemed to have been received by him unless he proves otherwise.

(2) Any summons, copy of an order or application required to be sent to the defendant under these Rules shall also be sent by the justices' chief executive to the applicant authority, and to any relevant authority whom the applicant is required by section 1E(6) to have consulted before making the application and, where appropriate, shall invite them to make observations and advise them of their right to be heard at the hearing.

Delegation by justices' clerk

8.—(1) In this rule, “employed as a clerk of the court” has the same meaning as in rule 2(1) of the Justices' Clerks (Qualifications of Assistants) Rules 1979(7).

(2) Anything authorised to be done by, to or before a justices' clerk under these Rules, may be done instead by, to or before a person employed as a clerk of the court where that person is appointed by the magistrates' courts committee to assist him and where that person has been specifically authorised by the justices' clerk for that purpose.

(3) Any authorisation by the justices' clerk under paragraph (2) shall be recorded in writing at the time the authority is given or as soon as practicable thereafter.

Irvine of Lairg, C.

Dated 8th November 2002

Rule 4(1)

SCHEDULE 1 FORM

Application for Anti-Social Behaviour Order(Crime and Disorder Act 1998, s.1(1))

Rule 4(2)

SCHEDULE 2 FORM

Summons on Application for Anti-Social Behaviour Order(Crime and Disorder Act 1998, s.1)

Rule 4(3)

SCHEDULE 3 FORM

Anti-Social Behaviour Order(Crime and Disorder Act 1998, s.1)

Rule 4(4)

SCHEDULE 4 FORM

Order on Conviction(Crime and Disorder Act 1998, s.1C)

Rule 4(5)

SCHEDULE 5 FORM

Application for an Interim Order(Crime and Disorder Act 1998, s.1D)

Rule 4(6)

SCHEDULE 6 FORM

Interim Order(Crime and Disorder Act 1998, s.1D)

Explanatory Note

(This note is not part of the Rules)

These Rules provide forms in relation to anti-social behaviour orders and set out the procedure for applying for interim orders, or for variation or discharge of anti-social behaviour orders, and make provision for service.

Section 1 of the Crime and Disorder Act 1998 enables certain `relevant authorities' – councils for local government areas, chief officers of police, British Transport Police and registered social landlords – to apply for anti-social behaviour orders. These orders can be made in relation to persons of the age of ten years or over if the court finds that they have acted in an anti-social manner and that the order is necessary to protect the public from further anti-social acts. Similar orders can be made by the court on its own initiative, under section 1C, after conviction in criminal proceedings, if it finds that the defendant has behaved in an anti-social manner.

These Rules will come into force on 2nd December 2002.

(1)

1980 (c. 43).

(2)

1998 (c. 37). Relevant amendments were made by sections 61 to 66 of the Police Reform Act 2002 (c. 30).

(3)

S.I. 1998/2682 (L.10). Those Rules are revoked by the Magistrates' Courts (Sex Offender Orders) Rules S.I. 2002/2784 (L. 14 ).

(4)

Section 1C was inserted by section 64 of the Police Reform Act 2002.

(5)

Section 1D was inserted by section 65 of the Police Reform Act 2002.

(6)

Section 1E was inserted by section 66 of the Police Reform Act 2002.

(7)

S.I. 1979/570 as amended by S.I. 1998/3107, 1999/2814, and 2001/2269.