§ Lord Smith of Leighasked Her Majesty's Government:
What advice they have given to the courts for dealing with breaches to anti-social behaviour orders; and whether the sentences being passed on such offences are a sufficient deterrent. [HL3434]
2WA
§ The Minister of State, Home Office (Lord Rooker)The requirement for training of magistrates rests with magistrates' courts committees, under guidance issued by the Judicial Studies Board. The Judicial Studies Board has issued training material relating to anti-social behaviour orders (ASBOs) (Crime and Disorder Act 1998—training material for Sections 1 and 4; anti-social behaviour orders—April 1999 and revised April 2001) based on Home Office guidance on anti-social behaviour orders issued in 1999. This material reflects the seriousness of breach of an ASBO.
The maximum penalty for conviction on indictment for a breach is five years' imprisonment or a fine; but it is for the courts to determine what sentences for breaches of ASBOs are appropriate in individual cases.