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Simon Cordell’s Skeleton Argument (2) Pdf
Appendix E
Step-by-step process for anti-social behaviour orders and orders on conviction
Process for anti-social behaviour orders
192,
Simon Cordell’s Skeleton Argument (2) Pdf
Step-by-step process fur anti-social behaviour orders and orders on conviction
Process for an order made on conviction in criminal proceedings (in the magistrates’ court or
the Crown Court)
193,
Simon Cordell’s Skeleton Argument (2) Pdf
Step-by-step process for anti-social behaviour orders (nut orders on conviction
138
194,
Simon Cordell’s Skeleton Argument (2) Pdf
Appendix F
Public funding for defendants
Criminal public funding is available for any proceedings under sections 1 and 4 of the Crime
and Disorder Act (CDA) 1998 relating to ASBOs, including interim orders, where they are
made in the magistrates’ court or where an appeal is made in the Crown Court,
Advocacy assistance is available for an ASBO, an interim order under section ID of the
CDA, variation or discharge of an ASBO, or an appeal against the making of an ASBO under
section 4 of the CDA, in accordance with the Criminal Defence Service General Criminal
Contract, Solicitors can self-grant advocacy assistance for these matters, There are no
financial criteria for the grant of advocacy assistance. Advocacy assistance may not be
provided where it appears unreasonable that approval should be granted in the particular
circumstances of the case, or where the interests of justice test, set out in Schedule 3 of the
Access to Justice Act 1999, is not met.
In applying this test, there is an additional factor of whether there is a real risk of
imprisonment if an ASBO is made and subsequently breached.
A representation order may be sought on application to the Legal Services Commission in
respect of these proceedings. Provision for representation is made under Regulation 3(2)
(criminal proceedings for the purposes of section 12(2)(g) of the Access to Justice Act 1999)
of the Criminal Defence Service (General)(No.2) Regulations 2001, and Regulation 6(3) of
the same regulations.
An application to the Commission must be made on form CDS3.An application will be
determined in accordance with the interests of justice criteria. The availability of advocacy
assistance will be a relevant factor which the Legal Services Commission will take into
account when considering the grant of rep rese n ration.
Where an application for a representation order is refused, the Legal Services Commission
shall provide written reasons for the refusal and details of the appeal process. The applicant
may make a renewed application in writing to the Funding Review Committee, which may
grant or refuse the application.
Advocacy assistance is available for proceedings in the Crown Court, where an appeal is
made under section 4 of the CDA. The merits test is slightly different from that on
application for an interim or a full ASBO.
It is based only on the general reasonableness test. Advocacy assistance may not be granted if
it appears unreasonable that approval should be granted in the particular circumstances of the
case. The prospects and merits of an appeal should be taken into account as well as whether
the individual has reasonable grounds for taking the proceedings. Representation is also

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