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Simon Cordell’s Skeleton Argument (2) Pdf
Promoting contourites of orders
Benefits of publicity
The benefits of publicity include the following:
Enforcement –
Local people have the information they need to identify and report breaches.
Public reassurance about safety –
Victims and witnesses know that action has been taken to protect them and their human rights
in relation to safety and/or quiet enjoyment of their property. Making local people aware of
an order that is made for their own protection can make a real difference to the way in which
they live their lives, especially when they have suffered from anti-social behaviour
themselves or lived in fear of it.
Public confidence in local services –
Local people are reassured that if they report anti-social behaviour, action will be taken by
local authorities, the police
or other agencies.
Deterrent to the subject of the order –
The perpetrator is aware that breaches are more likely to be reported because details of the
order are in the public domain.
Deterrent to other perpetrators –
Publicity spreads the message that orders are being used and is a warning to others who are
causing a nuisance in the community.
The decision to publish
Each individual case should be judged on its merits as to whether or not to publicise the
details of an individual who is subject to an order. There should be a correlation between the
purpose of publicity and the necessity test: that is, what is the least possible interference with
privacy in order to promote the purpose identified.
Decision-makers should ensure that the decisions to publicise orders are recorded. However,
this should not be seen as an onerous, lengthy task, but merely a way of recording the process
they go through to arrive at publication. To ensure it is achieved, it is good practice to
identify an individual, such as the anti-social behaviour co-ordinator, to be in charge of the
process.
The decision-making process should aim to consider and record several key factors:
the need for publicity.
a consideration of the human rights of the public.
a consideration of the human rights of those against whom orders are made; and
what the publicity should look like and whether it is proportionate to the aims of the
publicity.
The decision-making process should be carried out early on so as to avoid any delay in
publicity following the granting of the order.
The decision-making process
Publicity must be necessary to achieve an identified aim - this will involve a necessity test.
The identified aim for publicising could be (1) to notify the public that an order has been
obtained, to reassure the public that action has been taken; (2) to notify the public of a
specific order so that they can help in its enforcement; or (3) to act as a deterrent to others
involved in anti-social behaviour, hi some cases two or even all three aims will be relevant.

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