HL Deb 11 January 2005 vol 668 cc43-4WA
Lord Hylton

asked Her Majesty's Government:

How many persons have been imprisoned to date for breaching Anti-social Behaviour Orders. [HL422]

Baroness Scotland of Asthal

The number of persons who have received a custodial sentence for breach of an ASBO, as reported to the Home Office in England and Wales, from 1 June 2000 to 31 December 2002, is 223. Later figures are not yet available. Persons breaching on more than one occasion during the period are counted once. The figure is based on the severest penalty imposed across all breaches.

Lord Hylton

asked Her Majesty's Government:

How many cases to date concerning anti-social behaviour orders have been heard in the absence of the defendants; and whether this practice contravenes the European Convention on Human rights. [HL423]

Baroness Scotland of Asthal

Courts do not collect this information.

ASBO hearings may take place in the absence of the defendant if the defendant fails to turn up for the court hearing. The normal rules of the magistrates' court will apply in this situation. Section 55 of the Magistrates' Courts Act 1980 sets out what may happen in the case of non-appearance of a defendant at any court hearing. The hearing may go ahead in the absence of the defendant, or it may be adjourned. There are provisions for issuing a warrant for the arrest of the defendant to ensure his or her attendance at the hearing. We are confident the practice is compatible with the ECHR.

Applications for interim anti-social behaviour orders may be made without notice to the defendant. The jurisprudence of the European Convention on Human Rights recognises that victims and witnesses, as well as defendants, have rights and need protection. In deciding whether to grant an interim anti-social behavour order without notice to the defendant the courts must balance the rights of the defendant against those other rights. Furthermore an interim order made without notice has no effect until the defendant receives a copy; he or she can then apply to have the order varied or discharged. An interim order will only remain in force until the court decides whether or not to make a full order, where the defendant will have the opportunity to defend himself or herself We have included provisions in the Serious Organised Crime and Police Bill which give courts the power to require a defendant to return to court for consideration of an order on conviction if the order is not made when the sentence is passed.