The magistrate made the orders but an issue then arose as to whether he should impose the usual statutory restriction on publicity for minors involved in court proceedings. He took into account considerations including the impact adverse publicity would have on their relatives and granted an anonymity order.
The chief constable successfully challenged that decision and the judge helpfully set out the considerations that should apply in deciding whether to make a publicity restriction in ASBO cases. For instance, the "local community has a proper interest in knowing who has been … damaging its fabric", and identification might help in enforcing orders and protecting the public. Factors against should not, in the normal case, include such matters as the impact on the family.
Source
Housing Today
Reference
Where an ASBO application is to be made against a minor, give thought to whether a publicity restriction should be opposed, having regard to the guidance in this case.
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