§ Mr. GibbTo ask the Parliamentary Secretary, Department for Constitutional Affairs what guidelines are issued to magistrates on the consequences of a youth breaking an antisocial behaviour order. [178470]
§ Mr. LeslieA sentencing guideline for a breach of an ASBO has been produced for use in the Adult court by the Magistrate's Court Sentencing Guidelines Working Party. However, due to the specific legislative and other considerations applicable when dealing with youths, these guidelines cannot be readily applied within the youth court.
The Criminal Justice Act 2003 provided for the creation of the recently formed Sentencing Guidelines Council, and it will fall to them to determine in due course, whether Youth court guidelines should be provided. The Judicial Studies Board (JSB) is planning to undertake a review of its Youth Court Bench Book during this financial year and will consider whether information and guidance on the breach of an ASBO could be included.
Statutory responsibility for the training of magistrates currently rests with the 42 independent Magistrates Courts' Committees (MCCs). The JSB has provided training materials to MCCs on ASBOs, which encourage through case studies, discussion of the issues arising in sentencing on the breach of orders, including those in the Youth court. In addition, in February 2004, the JSB advised MCCs that it expected every magistrate to receive a minimum of two hours face to face training on ASBOs by the end of this financial year.
In court lay magistrates sit with their justices' clerk or a legal adviser. The justices' clerk has a statutory duty to provide advice to the magistrates on questions of law, practice and procedure. This will include advice on applying any case law and relevant Court of Appeal judgments when making decisions on sentence.