000 01544cam a2200265 4500
001 ABS66285
008 021218n2002 000 0 eng u
035 _a(Sirsi) u120828
100 _aBlake, L.
245 _aAin't misbehavin'
260 _c2002
490 _aEstates Gazette
_v (0247) 23 November 2002, 140-141(2)
520 _aMainly 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.
590 _aABS
650 _aMAINLY FOR STUDENTS
650 _aCLINGHAM V KENSINGTON AND CHELSEA ROYAL LBC
650 _aR V MANCHESTER CROWN COURT EX P MCCANN
650 _aHORNAL V NEUBERGER PRODUCTS
650 _aBOTROSS V HAMMERSMITH AND FULHAM LBC
650 _aSTATUTORY NUISANCE
650 _aMAGISTRATES' COURTS (HEARSAY EVIDENCE IN CIVIL PROCEEDINGS) RULES 1999
650 _aANTI-SOCIAL BEHAVIOUR ORDERS
690 _aPROPERTY AND LAND LAW-CASE LAW
942 _n0
999 _c71808
_d71808