Each defendant had commited a substantive offence, and when sentenced, his sentence hd been accompanied by an anti-social behaviour order. In some cases orders had been made in a form similar to football banning orders, but such orders were not themselves available.
Held: The test for seeking an order was one of necessity, in that each separate order prohibiting the doing of a specified thing had to be necessary to protect persons from further anti-social acts by the offender. ‘Any order had to be tailor made for the individual offender, not designed ona word processor for use in every case.’ and ‘The terms of the order had to be proportionate, that is commensurate with the risk to be guarded against.’
Judges:
Hooper LJ, Roderick Evans J, Pitchers J
Citations:
[2005] EWCA Crim 2395, Times 24-Oct-2005, [2006] 1 Cr App R (S) 120
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Cited – Lonergan v Lewes Crown Court and Another Admn 23-Mar-2005
The defendant appealed the terms of an anti-social behaviour order, saying that the curfew imposed as one of the conditions of the order was unlawful being mandatory rather than prohibitory, and tantamount to a penal sanction.
Held: The . .
Cited by:
Cited – Oakes and Others v Regina CACD 21-Nov-2012
A specially constituted CACD heard sentencing appeals for defendants serving life terms for very grave crimes, and in particular, the judicial assessment of the minimum term to be served by the appellants for the purposes of punishment and . .
Cited – B, Regina (On the Application of) v Commissioner Of Police Of the Metropolis Admn 10-Nov-2008
False . .
Lists of cited by and citing cases may be incomplete.
Criminal Sentencing
Updated: 23 March 2022; Ref: scu.231518
