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Ain't misbehavin'

By: Series: Estates Gazette ; (0247) 23 November 2002, 140-141(2)Publication details: 2002Subject(s): Summary: Mainly for students article looks at two recent cases where the House of Lords had to decide whether applications for 'antisocial behaviour orders' should be treated as criminal or civil matters. Amongst the considerations taken into account were standard of proof and hearsay evidence. In "Clingham v Kensington and Chelsea Royal LBC" [2002] and "R(on the application of McCann) v Manchester Crown Court" [2002], the defendants in both cases wanted them held in criminal courts in order to take advantage of the stricter rules of evidence used there. The House of Lords ruled that an application for an ASBO was a civil proceeding, even though a prosecution for breaking such an order would be a criminal offence.
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Item type Current library Call number Copy number Status Barcode
Journal article London Journal article ABS66285 (Browse shelf(Opens below)) 1 Available 120828-1001

Mainly for students article looks at two recent cases where the House of Lords had to decide whether applications for 'antisocial behaviour orders' should be treated as criminal or civil matters. Amongst the considerations taken into account were standard of proof and hearsay evidence. In "Clingham v Kensington and Chelsea Royal LBC" [2002] and "R(on the application of McCann) v Manchester Crown Court" [2002], the defendants in both cases wanted them held in criminal courts in order to take advantage of the stricter rules of evidence used there. The House of Lords ruled that an application for an ASBO was a civil proceeding, even though a prosecution for breaking such an order would be a criminal offence.