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 make an order without notice is necessarily a balancing exercise. The court must balance the need to protect the public against the impact that the order sought will have upon the defendant. It will need to consider the seriousness of the behaviour in issue, the urgency with which it is necessary to take steps to control such behaviour, and whether it is necessary for orders to be made without notice in order for them to be effective. On the other side of the equation it will consider the degree to which the order will impede the defendant’s rights as a free citizen to go where he pleases and to associate with whosoever he pleases.
It is submitted on behalf of the Claimants that such relief can only be granted in exceptional circumstances, and that there must be compelling urgency to justify an application without notice. In my judgment that would be an unwarranted and unnecessary gloss upon the test set out in section 1D. But it is implicit in the balancing exercise that the considerations that weigh in favour of injunctive relief must be sufficiently serious to warrant what may amount to a serious interference with the civil rights of a defendant.’
Judges:
Owen J
Citations:
[2003] EWHC 2963 (Admin), [2004] 1 All ER 1333
Links:
Statutes:
Crime and Disorder Act 1998 1D, European Convention on Human Rights 3
Cited by:
Cited – A (A Child), Regina (on the Application of) v Leeds Magistrate’s Court and Another Admn 19-Mar-2004
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 . .
Cited – Manchester City Council, Regina (on the Application Of) v Manchester Magistrates’ Court Admn 8-Feb-2005
The council appealed the refusal of the magistrates to grant an interim Anti-Social Behaviour Order (ASBO) without notice. The magistrates clerk had said that there had been no violence, and no further incident after the police had given a warning. . .
Cited – Webster and Others v The Governors of the Ridgeway Foundation School QBD 21-May-2009
The first claimant had been severely beaten as he left school. He and his parents also claimed post traumatic stress. They alleged that the school had been negligent in having allowed racial tensions to develop. The claimant was white, and his . .
Lists of cited by and citing cases may be incomplete.
Crime, Children, Human Rights
Updated: 08 June 2022; Ref: scu.188532