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

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
back-to-top-scroll