European Human Rights and Fundamental Freedoms

Convention Article 8
Right to respect for private and family life

  1. Everyone has the right to respect for his private and family life, his home and his correspondence.
  2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.     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.