Clause 57 - Orders in county court proceedings
Police Reform Bill [Lords]
6:45 pm
Mr John Denham (Minister of State (Police, Courts and Drugs), Home Office; Southampton, Itchen, Labour)
Although I have the greatest respect for my hon. Friend and for her expertise in the matter, I am inclined to agree more with the hon. Member for Surrey Heath in this instance, but to resist the amendment. The Government's position is reflected in the training material for magistrates produced by the Judicial Studies Board. It says that
''enforcement of the order will normally depend on the general public being aware of the order and the identity of the person against whom it is made.''
There is a case for suggesting, as many people have done, that publicising an ASBO is necessary in order for it to have its fullest impact. However, there has to be balance. Local outcomes have not always been as satisfactory or as consistent as we might like, but this is new legislation.
As a civil proceeding, the ASBO is not subject to automatic reporting restrictions, whatever the age of the defendant. Therefore, the defence has to ask for a reporting restriction on the basis of the age of the defendant under the Children and Young Persons Act 1933, so the case has to be argued from a starting point at which it is assumed that the person will be named. It is different in a criminal case, which the Bill introduces for the first time. In that case, there can be a discretion to lift reporting restrictions. Our view, generally, is that we are sympathetic with the case for there being publicity, but we are not persuaded of the need to change the surrounding legislation. There are issues concerning the understanding of magistrates and others of how the legislation is intended to work. They will best be addressed through training and education.