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“the very titles of such codes of criminal law will often reveal that they are indeed concerned
essentially with ‘matiere penale’. For instance, in France there is a ‘code penaie’, in Italy a
codice penale1, in Spain a codigo penal’ and in Germany a ‘Strafgesetzbuch’. It follows that
when, in such cases as Ozturk, the court investgiates whether the text defining the offence
belongs to criminal law, it is investigating whether the text belongs to an area of the law
where proceedings can result in a penalty being imposed.”=
129,
Simon Cordell’s Skeleton Argument (2) Pdf
Contents
Appendices 58
Appendix A Early intervention and tackling offending behaviour by under-10s 58
Appendix B County Court Practice Direction according to the Civil Procedure Rules 60
Appendix C Order form 62
Appendix D Summons form 64
Appendix E Step-by-step process for anti-social behaviour orders and orders on conviction 65
Appendix F Public funding for defendants 68
Further reading 69
81
130,
Simon Cordell’s Skeleton Argument (2) Pdf
Simon Cordell Skeleton Argument (3).pdf
Ministerial foreword
It is now seven years since anti-social behaviour orders (ASBOs) were introduced following
the Crime and Disorder Act 1998. Since then, over 7,300 ASBOs have been issued. We often
hear from residents up and down the country about how useful they are in bringing respite to
communities suffering anti-social behaviour, the drive to tackle anti-social behaviour has
been pioneered by anti-social behaviour practitioners and other interested parties all over
England and Wales.
During this time much has happened:
For our part we have adjusted policy and response to changing demands prompted by
practitioners to ensure that the tool continues to be effective.
The Together Action Line, website and Academy events have provided an excellent source of
advice and ensured spread of good practice.
Practitioners have developed protocols and helpful leaflets to improve communication
between themselves.
A number of organisations have also organised seminars and conferences to bring
practitioners together, debate problem areas and resolve issues between them.
The courts have responded and played their part and we particularly welcome Lord Justice
Thomas’s guidance, which has been referred to substantially for the revision of this guidance,
and which provides the latest case law for practitioners in a very clear and methodical
manner.
The fundamental ethos of ASBOs remains that they combine the twin-track approach of
enforcement and support.
However, there have also been some developments and policy adjustments as the courts have
interpreted ASBO legislation as more and more cases come before them.
After ASBOs were first introduced, orders on conviction were introduced to improve access
and timing; and interim orders for extreme cases where communities needed protecting
urgently. Since May 2004 courts have been able to issue individual support orders to
juveniles issued with ASBOs on application. This is a positive measure, attaching positive

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