http://www.together.gov.uk/article.asp?c=455&aid=2689 14 February 2006
This article contains the right to respect for private and family life. This right may be interfered with by an ASBO in a number of circumstances. For example, individuals may be identified in the press or by other means of publicity as being subject to an ASBO, or they may be prevented from associating with certain people or going to certain places which may interfere with the way they conduct their private and family life.
The UN Convention on the Rights of the Child and ASBOs
Article 40 of the convention refers to a child's right to have his privacy fully respected at all stages of legal proceedings. However, this relates only to penal (criminal) law proceedings, and as ASBOs are civil orders made in civil proceedings, this does not apply to applications for ASBOs. Normally it will be possible to report the proceedings, but it is always possible for the courts to impose reporting restrictions in any case involving a child.
Article 40 is relevant to proceedings for breach of ASBO which is prosecuted under criminal law. Under Section 1 (10D) and (10E) of the Crime and Disorder Act 1998 (inserted by Section 141 of the Serious Organised Crime and Policing Act 2005) reporting restrictions do not automatically apply but the courts retain a discretion to impose them on any or all of the details of the breach case under section 39 Children and Young Persons Act 1933.