Anti Social Behaviour in UK Law

Leading Cases
  • R v Shane Tony P; R v Shane Tony Parkin
    • Court of Appeal
    • 03 Feb 2004

    We do not go so far as to suggest that anti-social behaviour orders are necessarily inappropriate in cases with characteristics such as the present. But where custodial sentences in excess of a few months are passed, and offenders are liable to be released on licence, circumstances in which there is demonstrable necessity to make anti-social behaviour orders are likely to be limited.

  • R
    • Queen's Bench Division (Administrative Court)
    • 20 May 2002

    In my judgment, where an anti-social behaviour order has been imposed, that is a factor which reinforces, and in some cases may strongly reinforce, the general public interest in the public disclosure of court proceedings. The public has a particular interest in knowing who in its midst has been responsible for such outrageous behaviour.

  • R v Kirby (Lee)
    • Court of Appeal
    • 04 May 2005

    In our judgment this decision of the court and the earlier case of C serve to demonstrate that to make an anti-social behaviour order in a case such as the present case, where the underlying objective was to give the court higher sentencing powers in the event of future similar offending, is not a use of the power which should normally be exercised.

  • Birmingham City Council v Gavin James The SEcretary of State for the Home Department (Intervener)
    • Court of Appeal
    • 17 May 2013

  • R v Dean Boness; R v Shaun Anthony Bebbington
    • Court of Appeal
    • 14 Oct 2005

    It follows from the requirement that the order must be necessary to protect persons from further anti-social acts by him, that the court should not impose an order which prohibits an offender from committing a specified criminal offence if the sentence which could be passed following conviction for the offence should be a sufficient deterrent.

    • Queen's Bench Division (Administrative Court)
    • 14 May 2004

    Before turning to the particular finding in this case, we should observe that section 127 relates only to proceedings for an anti-social behaviour order in the magistrates courts. There is provision in the Act, in section 1B, for county courts to make an anti-social behaviour order if satisfied of the same two constituents following the making of an order in the county court proceedings.

  • R v H
    • Court of Appeal
    • 02 Feb 2006

    It cannot, however, be right that the court's power is thereupon limited to the 6 months maximum imprisonment for the distinct criminal offence. That would treat the breach as if it were a stand alone offence, which at the time when it was committed did not amount to a breach of the court order. In reality, the breach is a distinct offence on its own right, created by statute, punishable by up to 5 years' imprisonment.

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