Model answers to Test Yourself on ASBOs

Question 1
Three 13-year-old boys are due to appear before magistrates because the local council wants the court
to impose anti-social behaviour orders, under the Crime and Disorder Act 1998, against these boys, to
forbid them to repeat noisy, unpleasant behaviour around the flats where their families live.

a) What sort of magistrates’ hearing will deal with the council’s request?

b) Can the media identify the boys in reports of this hearing?

c) If the boys allegedly breach an anti-social behaviour order, which court will normally deal with the
alleged breach?

d) Will any reporting restrictions will be in force under (c) as regards that court hearing? (30 marks)

Model answer
a) The adult magistrates court in civil proceedings (three marks)

b) There is no automatic ban on naming juveniles concerned in civil proceedings at an adult court, so
the boys can be named (three marks)

unless the magistrates use their discretion to make a section 39 order, under the 1933 Children and
Young Persons Act, in which case the boys could not be identified,
and matter published in relation to the hearing should not contain
the name
address
photograph
or school
or any particulars leading to the identification
of any child or young person [i.e. juvenile] concerned in the proceedings,
including any juvenile witnesses (six marks)

c) breach of an anti-social behaviour order is a criminal offence, so any allegation that there has been
a breach by a juvenile will normally be heard by the youth court (three
marks)

d) In a youth court, section 49 of the 1933 Act normally applies to criminal cases, and has the same
scope as a section 39 order, above
Section 49 does not apply to youth court criminal hearings in which breach of ASBO is alleged, so the
boys could be identified in such media reports (irrespective of whether a breach is proven)
(3 marks)
unless the youth court decides to protect their identity, by using its discretion make a section 39 order
(3 marks)
If it does make a section 39 order in such a hearing, the youth court must - under the Serious
Organised Crime and Police Act* - state its reasons for doing this (2 marks)

Other valid points (4 marks, e.g.)

• The newspaper could argue against use of section 39 orders, by stating that it is in the public
interest that the boys be identified in their neighbourhood as being covered by the anti-social
behaviour order.
• The media could point out that a High Court judge, Mr Justice Wilson said in a 2001
case - Medway Council v BBC – that in most cases magistrates should permit identification
of a juvenile made subject to an ASBO (see McNae ch. 7 and ch. 13)
* Breach of an ASBO by a juvenile seems unlikely to be regarded as “serious or organised crime” –
this is just the full name of the Act used by the Government to amend ASBO law in this respect.
Question 2 At the youth court, a 14-year-old boy is tried and convicted on charges
that he has stolen CDs from a music shop. The court, when considering how to
sentence him, is told he has 18 previous convictions for theft.

a) Can the media identify the boy in a report of this CDs theft case?

b) As a reporter, you decide to ask the court to permit the boy to be identified in
your report. What law should the court consider if you make this request?

c) If the youth court decides, after hearing your argument as a reporter, that it
cannot allow you to identify the boy in your report of the CDs theft case, can
you identify him in a report of a subsequent hearing, at the same court, which
considers whether to impose an anti-social behaviour order on him to ban him
from local shops? What law applies to that hearing as regards whether you can
identify him in your report? 25 Marks

Marking Guide
a) Children and Young Persons Act 1933, section 49, applies 2 marks

This states that media reports of criminal proceedings in youth courts should not
contain the name,
address,
photograph
school,
or any particulars leading to the identification of any juvenile concerned in the
proceedings 5 marks

b) The Crime (Sentences Act) 1997 2 marks

gives the court the power to lift the section 49 restriction AFTER conviction
2 marks
and after hearing representations from lawyers (prosecution, defence) 2 mark
in the case if it believes it is in the public interest 2 marks

c) The Anti-Social Behaviour Act 2003 says 2 marks

the press can identify the boy in a report of this case if an ASBO is imposed 2 marks
and if no section 39 order is made – if made, a section 39 has the same scope as
section 49 anonymity, see above . 2 marks

Other valid points, up to 4 marks

For example, for saying in respect of c) that if a section 39 order is made the reporter could make an
informal approach to the bench to object, referring to the arguments for a juvenile made subject to an
ASBO to be identified to the community, so it can know, and tell police, if he/she breaches the
ASBO.
[or] Reporter could point out that a High Court judge, Mr Justice Wilson said in a 2001 case -
Medway Council v BBC – that in most cases magistrates should permit identification of a juvenile
made subject to an ASBO
Question 3
A girl aged 16 is accused of breaching an anti-social behaviour order, imposed a month ago,
which required her not to enter the Havoc housing estate. She denies breaching the order.

a) Which type of court will determine if she has breached the ASBO?
b) Why will this allegation be dealt with in that type of court?
c) Can the media can identify her in a report of that court hearing? Explain the law.

(20 marks)

Marking guide

a) The youth court 3 marks

b) It deals with juveniles 2 marks

i.e. defendants aged under 18 2 marks

any breach of an ASBO is a crime

[or] the allegation that she breached an ASBO is a criminal charge 2 marks

c) Yes, the media can identify her 3 marks

unless the youth court chooses to impose a section 39 order forbidding identification of the
girl. 2 marks

If the youth court imposes a section 39 order [when breach of an ASBO is alleged]
it must state its reason(s)
as required by the Serious Organised Crime and Police Act 2 marks

Other valid points (up to 4 marks available):

e.g. if explicitly stated that the restrictions under section 49 of the Children and Young
Persons Act do not apply when a juvenile is accused of breaching an ASBO.

[or] description of the scope of section 49 or section 39 restrictions, i.e. no details likely to
identify can be published, in particular her name, address, school, photo.

[or] if stated that if a section 39 order is imposed in respect of the ASBO case,
the media could challenge it by arguing that it is in the public interest for
someone subject to an ASBO to be identified to the local community.

[or] a reference to relevant judicial comment, e.g. that of Mr Justice Wilson in Medway
Council v BBC that in most cases juveniles subject to ASBOs should be identified in the
media
Question 4:
A youth court finds a boy aged 15 guilty of causing criminal damage by vandalising cars. The
prosecution lawyer then asks the court to impose an anti-social behaviour order on the boy.
This lawyer says that the order should ban the boy from entering local car parks for a year.

a) Can the media identify the boy in a report of the criminal damage case? Explain the
law.
b) Can the media identify the boy in a report of the hearing on whether an ASBO should
be imposed on him? Explain the law. (30 marks)

Marking Guide

a) [As regards criminal damage case] Normally section 49 2 marks

of the Children and Young Persons Act 1933 applies 2 marks

The scope of those restrictions are that no detail should be published if likely to
identify the boy 2 marks
including his
name
address
school
any film/photograph 4 marks

The restrictions would not apply if the youth court decided to lift them in the
public interest 2 marks

It could do this under the Crime (Sentences) Act 1997 2 marks

after hearing representations from lawyers in the case 2 marks

b) [As regards a report of the ASBO hearing] The media can identify
him if an ASBO is imposed. 4 marks

However, even if an ASBO is imposed, the court may decide to make

a section 39 order, so he can retain his anonymity. 2 marks

This has the same scope as the section 49 restrictions (see above) 4 marks

Other valid points, up to 4 marks available, e.g. for saying in respect of c) that if a section
39 order is made the reporter could make an informal approach to the bench to object, referring
to the arguments for a juvenile made subject to an ASBO to be identified to the community, so
it can know, and tell police, if he/she breaches the ASBO.
[or]
a reference to relevant judicial comment, e.g. that of Mr Justice Wilson in Medway
Council v BBC that in most cases juveniles subject to ASBOs should be identified in
the media
[or]
If stated that a section 49 order protects his identity until he reaches the age of 18.