Hostname: page-component-848d4c4894-mwx4w Total loading time: 0 Render date: 2024-06-16T11:57:33.186Z Has data issue: false hasContentIssue false

Anti-Social Behaviour Orders—Criminal Penalties or Civil Injunctions?

Published online by Cambridge University Press:  24 November 2003

Get access

Extract

In R. (McCann and others) v. Crown Court at Manchester and another, Clingham v. Kensington and Chelsea Royal London Borough Council [2002] UKHL 39, [2002] 3 W.L.R. 1313 the House of Lords, dismissing the defendants appeals, unanimously held that the application for an Anti-Social Behaviour Order (ASBO) under section 1 of the Crime and Disorder Act 1998 was civil and not criminal in nature. Therefore the rule against the admissibility of hearsay evidence in criminal proceedings (which can arguably also be inferred from the provision on examination of witnesses in Article 6(3)(d) of the European Convention on Human Rights) did not apply; however, the heightened civil standard of proof, indistinguishable from the criminal standard of proof, would nevertheless be required.

Type
Case and Comment
Copyright
Copyright © Cambridge Law Journal and Contributors 2003

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)