The guidelines, published yesterday (9 December) by the Sentencing Guidelines Council, state that young people who breach ASBOs should not be sent to prison except as a last resort. When custodial sentences are given they should range from four months to 12 months, unless there was more than one breach involving "serious harassment, alarm or distress" when longer sentences can be given.
The guidelines state that young people who breach orders soon after the order was made can expect harsher sentences but warn sentencers to bear in mind that young people are "likely to perceive a particular time period as being longer in comparison with an adult".
Council member Anthony Edwards said: "The council explains in this guideline that the orders are imposed to protect individuals and the wider public, and that, when an order is breached, the aim of sentencing should be to ensure that the original purpose of the order is achieved."
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