§ Bob SpinkTo ask the Secretary of State for the Home Department what guidance he has given to magistrates courts about sentencing in respect of(a) antisocial behaviour and (b) youth street crime; and if he will make a statement. [165388]
§ Ms BlearsThe Government recognise that breach of an Anti-Social Behaviour Order (ASBO) is a serious offence and should be treated as such by the court. We are aware that there have been some problems relating to inconsistent sentences for breach of ASBOs and this is something we are continuing to work on. In January 2004 the Magistrates Association for the first time produced sentencing guidelines for the offence of a breach of an ASBO which recognise the seriousness of the offence and direct the court to consider the impact of the offence on victims. The guideline is: "Is it so serious that only custody is appropriate?"
The Anti-Social Behaviour Unit will continue to work with the relevant Government Departments and with local practitioners, the Crown Prosecution Service and the courts to improve consistency in the courts' response to antisocial behaviour. Part of this is to ensure that in every case the courts have the right information available on which to base their decisions, including understanding the effect of anti-social behaviour on victims, witnesses and the wider community.
The Magistrates Association has issued sentencing guidelines to the magistrates courts, which cover the range of criminal offences dealt with by those courts. The Sentencing Guidelines Council, which was established by the Criminal Justice Act 2003, will in future set sentencing guidelines for the range of criminal offences, covering all criminal courts.
The Judicial Studies Board has issued training and guidance to magistrates, and at the start of the Street Crime Initiative, the then Lord Chancellor wrote to the Chairmen of all Panels, including the Youth Panels of magistrates' courts, detailing the changes in powers to remand youth defendants. The Lord Chief Justice has handed down a relevant judgment relating to street robbery in R v. Lobban & Sawyers and R v. Q [2002] 2 Cr App R (S) 274.