Anti Social Behaviour in UK Law
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R v Shane Tony P; R v Shane Tony Parkin
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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.
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R
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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.
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R v Kirby (Lee)
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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.
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Birmingham City Council v Gavin James The SEcretary of State for the Home Department (Intervener)
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R v Dean Boness; R v Shaun Anthony Bebbington
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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.
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RYAN STEVENS v SOUTH EAST SURREY MAGISTRATES COURT andSURREY POLICE
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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.
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R v H
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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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Policing youth anti‐social behaviour and crime: time for reform?
Purpose: This paper aims to examine the policing of youth anti‐social behaviour and crime. Design/methodology/approach: The paper considers the Independent Commission report, Time for a Fresh Star...
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Dispersal Powers and the Symbolic Role of Anti‐Social Behaviour Legislation
This article considers the development and use of dispersal powers, introduced by the Anti‐Social Behaviour Act 2003, and situates these within the context of wider legislation and policy initiativ...
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A Suicidal Woman, Roaming Pigs and a Noisy Trampolinist: Refining the ASBO's Definition of ‘Anti‐Social Behaviour’
This article discusses the definition of anti‐social behaviour employed by section 1(1)(a) of the Crime and Disorder Act 1998 for the purposes of the Anti‐Social Behaviour Order. It argues that, if...
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Governance through Publicity: Anti‐social Behaviour Orders, Young People, and the Problematization of the Right to Anonymity
Since the early twentieth century, young people under eighteen involved in legal proceedings have been granted a degree of protection from the glare of media publicity. One controversial consequenc...
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Price Fixing in the UK Booze Market — the Government’s Solution to Binge Drinking
Written by Lisa Navarro On 28 November 2012 the UK’s Home Office launched a consultation regarding proposals to deliver the Government’s policies aimed at cutting alcohol fuelled crime and anti-soc......... aimed at cutting alcohol fuelled crime and anti-social behaviour. Rather than focus on the ......