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09 April 2018
Categories: Legal News , Criminal
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Mounting concern about anti-social behaviour injunctions

Anti-social behaviour injunctions will be the subject of a conference this month at Bristol Civil Justice Centre.

One of the drivers behind the event is a lack of consistency in the use and application of the legislation, especially on breach, in different parts of the country. Conference delegates will focus on 14 questions, including what difficulties exist in terms of getting legal aid and representation;  whether issues such as mental health and addiction should be investigated before the hearing; and what behaviour should be covered.

The event is being organised by His Honour Judge Cotter QC, Designated Civil Judge for Avon, Somerset and Gloucester, and member of the Civil Justice Council (CJC).

These injunctions were introduced in 2015 by the Anti-Social Behaviour Crime and Policing Act 2014 and replaced the much-maligned Anti-Social Behaviour Order and other relief including Injunctions and Drinking Banning Orders.

The CJC says there is growing concern about the way such injunctions are being sought and/or used; the powers afforded to the courts (principally the county court, although the youth court can grant civil injunctions against juveniles); the limited powers available to the county court on breach; whether third parties should be involved in the process, and whether breaches of these orders are then a shortcut to mandatory possession orders.

Views are also sought from practitioners such as social landlords and local authorities who use such orders and may feel the relief is being effectively and properly used.

The discussion forum is open to all, and written representations are equally welcome.

Requests to attend or to submit written representations may be sent to: Gail.Houlden@hmcts.gsi.gov.uk.

Categories: Legal News , Criminal
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