Ancillary orders toolkit - Crown Prosecution Service

6. Give me an example?D is an adult and arrested and prosecuted for a series of offences undersections 4 and 5 of the Public Order Act 1986. All of the offences and thebehaviour have happened in the local shopping centre, and have causedharassment, alarm and distress to both shop staff and their customers.When D is sentenced, the prosecutor applies for an ASBO which willexclude D from the shopping centre for a period of two years.7. What do I need to watch out for?• The minimum length an ASBO can be made for is two years. Themaximum is until further order.• Each prohibition within the ASBO does not have to last two years.• Each prohibition must be reasonable, proportionate, realistic,practical, clear and enforceable. (R v Boness [2005] EWCA Crim2395).• Prohibitions should not be imposed either to further punish anindividual or to replicate a criminal office if the sentence whichcould be passed following conviction for the offence would be asufficient deterrent - they are designed to be preventative.• It is likely that other statutory agencies will be aware of thedefendant that an ASBO is being considered for, because theoffending behaviour will have impacted on a wide range of people.It is important that prosecutors check that the police have liaisedwith other statutory agencies when they are considering an ASBO.• Breach of an ASBO is a criminal offence - section 1(10) Crime andDisorder Act 1998.Back to Contents