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Northern Ireland Orders in Council |
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You are here: BAILII >> Databases >> Northern Ireland Orders in Council >> The Anti-social Behaviour (Northern Ireland) Order 2004 (N.I. 12) URL: http://www.bailii.org/nie/legis/num_orders/2004/20041988.html |
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| Made | 27th July 2004 | ||
| Coming into operation in accordance with Article 1(2) and (3) |
| 1. | Title and commencement |
| 2. | Interpretation |
| 3. | Anti-social behaviour orders on application to magistrates' court |
| 4. | Interim anti-social behaviour orders on applications under Article 3 |
| 5. | Proceedings under Articles 3 and 4: consultation and legal aid |
| 6. | Anti-social behaviour orders on conviction in criminal proceedings |
| 7. | Breach of anti-social behaviour orders |
| 8. | Restrictions on reporting proceedings for orders against children |
(3) In this Order "a relevant authority" means -
(4) In this Order "relevant persons" means -
(5) In this Order, in relation to an anti-social behaviour order -
(6) The Chief Constable may direct in writing that such of his functions under this Order as are specified in the direction may be exercised by such police officers as are specified in the direction.
(2) Such an application shall be made by complaint to a magistrates' court for the county court division in which it is alleged that the harassment, alarm or distress was caused or was likely to be caused.
(3) If, on such an application, it is proved that the conditions mentioned in paragraph (1) are fulfilled, the magistrates' court may make an order which prohibits the defendant from doing anything described in the order.
(4) For the purpose of determining whether the condition mentioned in paragraph (1)(a) is fulfilled with respect to any person, the court shall disregard any act of that person which he shows was reasonable in the circumstances.
(5) The prohibitions that may be imposed by an order under this Article are those necessary for the purpose of protecting persons (whether relevant persons or not) from further anti-social acts by the defendant.
(6) An order under this Article shall have effect for a period (not less than two years) specified in the order or until further order.
(7) Subject to paragraph (8), the relevant authority or the defendant may apply by complaint to the court which made an order under this Article for it to be varied or discharged by a further order.
(8) Except with the consent of the relevant authority and the defendant, no order under this Article shall be discharged before the end of the period of two years beginning with the date of service of the order.
(9) An appeal shall lie to the county court against the making by a magistrates' court of an order under this Article.
(10) On such an appeal the county court -
(11) Any order of the county court made on such an appeal (other than one directing that an application be re-heard by a magistrates' court) shall, for the purposes of paragraph (7), be treated as if it were an order of the magistrates' court from which the appeal was brought and not an order of the county court.
Interim anti-social behaviour orders on applications under Article 3
4.
- (1) If, before determining an application for an order under Article 3, the court considers that it is just to make an order under this Article pending the determination of that application ("the main application"), it may make such an order.
(2) An order under this Article is an order which prohibits the defendant from doing anything described in the order.
(3) An order under this Article -
(4) The prohibitions that may be imposed by an order under this Article are those necessary for the purpose of protecting persons (whether relevant persons or not) from further anti-social acts by the defendant.
(5) The relevant authority or the defendant may apply by complaint to the court which made an order under this Article for it to be varied or discharged by a further order.
(6) An appeal shall lie to the county court against the making by a magistrates' court of an order under this Article.
(7) On such an appeal the county court -
(8) Any order of the county court made on an appeal under this Article (other than one directing that an application be re-heard by a magistrates' court) shall, for the purposes of paragraph (5), be treated as if it were an order of the magistrates' court from which the appeal was brought and not an order of the county court.
Proceedings under Articles 3 and 4: consultation and legal aid
5.
- (1) Before making an application for an order under Article 3, a district council shall consult -
(2) Before making such an application, the Chief Constable shall consult -
(3) Before making such an application, the Northern Ireland Housing Executive shall consult -
(4) In the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (1981 NI 8) in Part I of Schedule 1 (proceedings for which legal aid may be given) in paragraph 3 at the end add -
Anti-social behaviour orders on conviction in criminal proceedings
6.
- (1) This Article applies where a person (the "offender") is convicted of a relevant offence.
(2) If the court considers -
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 Article -
(4) For the purpose of deciding whether to make an order under this Article the court may consider evidence led by the prosecution and the defence.
(5) It is immaterial whether evidence led in pursuance of paragraph (4) would have been admissible in the proceedings in which the offender was convicted.
(6) An order under this Article shall not be made except -
(7) An order under this Article 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.
(8) An order under this Article shall have effect for a period (not less than two years) specified in the order or until further order.
(9) An offender subject to an order under this Article may apply to the court which made it for it to be varied or discharged.
(10) In the case of an order under this Article made by a magistrates' court, the reference in paragraph (9) to the court by which the order was made includes a reference to any magistrates' court acting for the same county court division as that court.
(11) No application may be made under paragraph (9) for the discharge of an order before the end of the period of two years beginning with the day on which the order takes effect.
(12) The functions of -
include having the conduct of applications for orders under this Article.
(13) In this Article -
(2) Proceedings for an offence under paragraph (1) may be brought by a district council if the order in question was made on the application of that council.
(3) Proceedings for an offence under paragraph (1) may be brought by the Northern Ireland Housing Executive if the order in question was made on the application of the Executive.
(4) Where a person is convicted of an offence under paragraph (1), it shall not be open to the court by or before which he is so convicted to make an order under paragraph (1)(b) (conditional discharge) of Article 4 of the Criminal Justice (Northern Ireland) Order 1996 (NI 24) in respect of the offence.
(2) If a report or picture is published in contravention of a direction under paragraph (1), the following persons -
shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(3) Paragraph (4) applies in relation to proceedings in which an order is made under Article 6 in respect of a child.
(4) In so far as the proceedings relate to the making of the order, Article 22 of the Criminal Justice (Children) (Northern Ireland) Order 1998 (NI 9) (restrictions on reporting criminal proceedings concerning child) does not apply in respect of the child.
(5) As from the coming into force of the repeal of Article 22 of the Criminal Justice (Children) (Northern Ireland) Order 1998 by Schedule 6 to the Youth Justice and Criminal Evidence Act 1999 (c.23), paragraph (4) has effect with the substitution for the reference to that Article of a reference to section 49 of the Children and Young Persons Act 1933 (c.12).
(6) In this Article-
A. K. Galloway
Clerk of the Privy Council
Crown copyright 2004
Prepared 6 August 2004
