Post Cleary, defendants are in a stronger position to challenge anonymous hearsay evidence. Chris Cuddihee explains why
The routine use of hearsay evidence in applications for anti-social behaviour orders (ASBOs) has been addressed by the Divisional Court in R (on the application of Cleary) v Highbury Corner Magistrates’ Court [2006] EWHC 1869 (Admin), [2007] 1 All ER 270. This decision was made in connection with a closure order sought by the Metropolitan Police in accordance with the Anti-social Behaviour Act 2003 (ABA 2003). The decision is likely to apply to all similar forms of civil restraint order, such as ASBOs, foreign travel orders or sex offender prevention orders.
Under ABA 2003, s 2(3), when considering an application for a closure order a magistrates’ court must consider a slightly different test. The court may make a closure order “if and only if it is satisfied” that the premises are:
(i) associated with the use, production or supply of class A drugs;
(ii) associated with serious nuisance or disorder; and
(iii) that a closure order is necessary.
Carol Cleary was a tenant
