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Criminal courts - the magistrates’ court, the Crown Court and the youth court - can make-
orders against an individual who has been convicted of a criminal offence, and this is known
as an 'order on conviction’ (sometimes also called a ‘CRASBO’). Some county courts are
currently trialling stand-alone ASBO cases for children and young people until the end of
September 2006.These are not proceedings on conviction.
The order on conviction is considered at a civil hearing after the verdict. It is not part of the
sentence the offender receives for the criminal offence.
The order will be granted on the basis of the evidence presented to the court during the
criminal proceedings and any additional evidence provided to the court after the verdict,
although it is possible for the order to be granted on the basis of the criminal proceedings
alone. There is a statutory requirement for a conviction to be for an offence committed after
the date on which the insertion of the relevant provisions by the Police Reform Act took
effect.
The court may make an order on conviction either on its own initiative or following an
application by the prosecutor (see section 1 C (3) of the Crime and Disorder Act 1998).
Alternatively, the order can be requested by the police or local authority, who may make
representations to the court in support of the request. Orders on
conviction cannot be made if there is a deferred sentence for the relevant offence.
The court may adjourn the proceedings following conviction to allow an application for an
order on conviction to be made.
By virtue of section l D (l)(b) of the 1998 Act (inserted by the Serious Organised Crime and
Police Act 2005), the court may also make an interim order.
The order on conviction is a civil order and has the same effect as an ASBO made on
application - ft contains prohibitions rather than penalties and is made in civil proceedings. It
is similar to the football banning order on conviction in that it is a civil order made following
a criminal procedure,2 3
If the offender is detained in custody, the court may make provision for requirements of the
order on conviction to become effective on their release. For this period the order takes effect
immediately, but its terms are suspended until release.
Where is an ASBO valid?
Before the changes introduced by the Police Reform Act 2002, the conditions an order could
impose extended only to the applicant’s area and adjoining areas. An order can now extend
across any defined area within England and Wales. '
The power to make an order over a wide area is for use where there is reason to believe that
the person concerned may move or has already moved. It goes some way to addressing the
problem of offenders moving to other areas and continuing the behaviour.
An order covering a wider area could address problems such as ticket touting at different
train stations or anti-social behaviour on trains, and could help deal with the minority
Section 10(21 of the Crime and Disorder Act 1998 states that the court may make an order
which prohibits the offender from doing anything described in the order. Section 14A of the
Football Spectators Act 1989 places a duty on the court to impose a football banning order if
a person is convicted of a relevant offence or to state in open court why such an order has not
been made.
The geographical area which an order may cover is indicated by section 1(6) for ASBOs and
orders made in county court proceedings; and by section l C (2)(b) for orders made on
conviction in criminal proceedings.
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Simon Cordell’s Skeleton Argument (2) Pdf
Taking a strategic approach

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