The defendant sought to appeal against a ‘stand-alone’ anti-social behaviour order. The parties disputed whether an appeal lay. The act created an appeal against the making of an order but in this case it was a renewed order.
Held: In the county court there is a right of appeal against an ASBO and its variation to the High Court or Court of Appeal as appropriate, but only with permission. Permission would only be given if an appeal had a real prospect of success or there was some other good reason. There would only exceptionally be a rehearing. An ASBO, and probably a variation of an ASBO, made on conviction in the Crown Court is appealable to the Court of Appeal (Criminal Division) but only with leave, and an appeal would ordinarily only be allowed if the decision was wrong in principle or in some way manifestly excessive. An ASBO made in the magistrates’ court on conviction is, we think, appealable to the Crown Court under s.4 of the Act in the same way as a freestanding ASBO but in neither case is there a right of appeal against a variation of the original ASBO. Case stated and judicial review, are remedies available against the magistrates court but not the County Court.
Scott Baker LJ, Aikens J
[2008] EWHC 2623 (Admin), [2009] 1 WLR 1612, [2009] CP Rep 11, (2008) 172 JPN 845, [2009] ACD 34
Bailii
Crime and Disorder Act 1998 1(1) 4
England and Wales
Citing:
Cited – B v Chief Constable of Avon and Somerset Constabulary QBD 5-Apr-2000
The defendant appealed the making of a sex offender order under 1998 Act. The justices had found that the defendant was a sex offender within section 2(1)(a) and that he had acted on a number of occasions in a way which brought him within section . .
Cited – Leeds City Council v RG Admn 9-Jul-2007
The court has power to extend the term on an anti-social behaviour order when asked to vary its terms. There was however no right of appeal against the decision to vary an ASBO: ‘The fact that there is no appeal from any variation is a matter which . .
Cited – Lee v Leeds Crown Court 2006
The appellant appealed against the refusal of the Leeds Magistrates to vary or discharge a restraining order under the Protection from Harassment Act 1997. The recorder at the crown court ruled the court did not have jurisdiction to hear the appeal. . .
Cited – Clingham (formerly C (a minor)) v Royal Borough of Kensington and Chelsea; Regina v Crown Court at Manchester Ex parte McCann and Others HL 17-Oct-2002
The applicants had been made subject of anti-social behaviour orders. They challenged the basis upon which the orders had been made.
Held: The orders had no identifiable consequences which would make the process a criminal one. Civil standards . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice
Updated: 09 November 2021; Ref: scu.277360