header-logo header-logo

Right to reply: Out of order?

10 October 2013 / Robin Denford
Categories: Opinion
printer mail-detail

Robin Denford raises questions over the reform of ASBOs

I read Tim Lawson-Cruttendon’s article on reform of Anti-Social Behaviour Orders (ASBOs) in NLJ with surprise. 

Reform of anti-social behaviour orders (ASBOs) under the Crime and Disorder Act 1998 and other tools and powers has been an aspiration of the current government for quite some time. I wrote about the proposed new powers in the Anti-Social Behaviour Bill in an article published last year in Criminal Law & Justice Weekly (see (2012) 176 JPN 399). 

The introduction of ASBOs

ASBOs were introduced to provide a number of agencies, including local authorities and the police, with an additional tool to restrain anti-social behaviour in the communities they served. The reasons for an authority seeking an ASBO were encapsulated by Lord Steyn in para 16 of the judgment of the House of Lords in R (McCann) v Kensington and Chelsea London Borough Council [2002] UKHL 39.

It was also noted further on in that judgment at para 17 “that Parliament intended to adopt

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
back-to-top-scroll