The father sought judicial review of an anti-social behaviour order (ASBO) made in respect of his son.
Held: Although the child’s best interests remained a primary consideration when making such an order, they were not the primary consideration. Where it was not alleged that the behaviour did not justify an order and application for judicial review was inappropriate.
Citations:
[2004] EWHC 554 (Admin), Times 31-Mar-2004
Links:
Statutes:
Crime and Disorder Act 1998 1D
Jurisdiction:
England and Wales
Citing:
Cited – Kenny, Regina (on the Application of) v Leeds Magistrates Court, Leeds City Council Admn 5-Dec-2003
In cases involving children, Article 3 provides that the best interests of the child are a primary consideration, not the primary consideration.
The court looked at the test for making an interim ASBO: ‘Consideration of whether it is just to . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice, Magistrates
Updated: 06 October 2022; Ref: scu.194697
