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 has caused us concern. But it seems to … Continue reading Leeds City Council v RG: Admn 9 Jul 2007
Breach of anti-social behaviour order order not to commit any criminal offence. Citations: [2005] EWCA Civ 1333 Links: Bailii Statutes: Crime and Disorder Act 1998 1(10) Jurisdiction: England and Wales Cited by: See Also – W, Regina (on the Application Of) v Director of Public Prosecutions Admn 8-Jun-2005 The defendant appealed a conviction for breaching … Continue reading W, Regina (on the Application Of) v Director of Public Prosecutions: CA 8 Jun 2005
The defendant had admitted an offence under the 1997 Act but the magistrates had declined to make a restraining order. The police then sought and anti-social behaviour order. The defendant objected saying that the events upon which the claim was based were more tan six months old and not admissible. Held: It was important not … Continue reading Chief Constable of West Mercia Constabulary v Boorman: Admn 2 Nov 2005
Breach of anti-social behaviour order. Judges: Stanley Burnton J Citations: [2003] EWHC 3139 (Admin) Links: Bailii Statutes: Crime and Disorder Act 1998 1 Jurisdiction: England and Wales Crime Updated: 01 July 2022; Ref: scu.227060
Refusal of magistrates to make order prohibiting disclosure of child’s name on application for anti-social behaviour order. Judges: Mr Justice Harrison Citations: [2004] EWHC 1933 (Admin) Links: Bailii Statutes: Children and Young Persons Act 1933 39, Crime and Disorder Act 1998 1D Jurisdiction: England and Wales Magistrates, Children Updated: 11 June 2022; Ref: scu.200314
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 … Continue reading Kenny, Regina (on the Application of) v Leeds Magistrates Court, Leeds City Council: Admn 5 Dec 2003
The court was asked whether the legal burden of proving whether a defendant acted without reasonable excuse in breach of an Anti-social Behaviour Order rests upon the Crown or the defence. Held: It was for the prosecution to establish that the defendant had acted without a reasonable excuse when acting in breach of the ASBO. … Continue reading Charles, Regina v: CACD 28 Jul 2009
The defendant had admitted assault with intent to rob, four attempted robberies, and four false imprisonments. He appealed his sentence of four years detention in a Young Offenders Institution to be followed by a two year anti-social behaviour order to be activated upon his release. Held: The sentence was reduced to three years, and the … Continue reading Regina v Parkin (Shane Tony): CACD 3 Feb 2004
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. . .
The appellant a BNP member had displayed a large poster in his bedroom window saying ‘Islam out of Britain’. He was convicted of an aggravated attempt to cause alarm or distress. The offence was established on proof of several matters, unless the defendant could establish one of the statutory defences. He argued these should be … Continue reading Norwood v Director of Public Prosecutions: Admn 3 Jul 2003
The applicant challenged the imposition of a sex offender’s order, on the basis that having been convicted of the last offence, that was the date after which he had to have behaved in such a way as to cause the concern necessary in turn to found an application. Held: The Act required only such behaviour … Continue reading Hopson (Darren) v Chief Constable of North Wales Police: QBD 25 Oct 2002
Citations: [2007] EWCA Civ 135 Links: Bailii Statutes: Crime and Disorder Act 1998, Anti-Social Behaviour Act 2003 Jurisdiction: England and Wales Crime Updated: 31 October 2022; Ref: scu.249369
The defendant appealed against the making of an amendment to the duration and terms of the anti-social behaviour order made against her. Judges: His Honour Judge Kaye QC Citations: [2009] EWHC 3635 (Admin) Links: Bailii Statutes: Crime and Disorder Act 1998 Jurisdiction: England and Wales Crime Updated: 31 October 2022; Ref: scu.401939
The prosecutor appealed from the magistrates’ acquittal of the defendant, who was of Asian origin, and who had assaulted the victim, also of Asian origin, calling him a ‘white man’s arse-licker’ and a ‘brown Englishman’. Held: This did not demonstrate hostility towards Asians.‘I will reject also an argument put before us by the Respondent, to … Continue reading Director of Public Prosecutions v Pal: QBD 3 Feb 2000
The House was asked whether the use of the phrases ‘bloody foreigners’ and ‘get back to your own country’ counted to make a disturbance created by the defendant a racially aggravated crime. Held: (Baroness Hale of Richmond) ‘The mischiefs attacked by the aggravated versions of these offences are racism and xenophobia. Their essence is the … Continue reading Rogers, Regina v: HL 28 Feb 2007
The defendant appealed his conviction for a racially aggravated use of abusive or insulting words or behaviour likely to cause a breach of the peace. The abuse had also an element of aggression because the victim wa a parking attendant. Held: The appeal failed. The fact that a motive was not the sole motive did … Continue reading Johnson v Director of Public Prosecutions: Admn 26 Feb 2008
Citations: [2008] EWHC 608 (Admin) Links: Bailii Statutes: Crime and Disorder Act 1998 28(1)(b) Crime Updated: 14 July 2022; Ref: scu.266874
The defendant appealed conviction for racially aggravated use of threatening abusive or insulting words or behaviour. She said that apart from the police there was nobody else about to give rise to any risk of distress. Held: It was a quiet residential street late at night. The defendant had been shouting, and it was open … Continue reading Taylor v Director of Public Prosecutions: Admn 28 Apr 2006
The defendant was accused of having racially abused the complainant by referring to him as an ‘immigrant doctor’ before the assault. The trial judge had held that the word ‘immigrant’ was so wide in its possible application as not to be capable of constituting racial abuse. Held: Whether such words constituted racial agravation in the … Continue reading Attorney General’s Reference (No 4 of 2004): CACD 22 Apr 2005
An adult (19) and a youth (17) had been sentenced together, and the judge had clearly looked to sentence them equally. The new rules, however, would grant to the Home Secretary, the discretion to release the adult earlier under the home curfew and tagging scheme. The youth appealed saying that the equality sought by the … Continue reading Regina v Cooper (Toby): CACD 28 Apr 2000
Citations: [2004] EWHC 2990 (Admin) Links: Bailii Statutes: Crime and Disorder Act 1998 29(1)(b) Jurisdiction: England and Wales Crime Updated: 14 June 2022; Ref: scu.220669
Citations: [2004] EWHC 464 (Admin) Links: Bailii Statutes: Crime and Disorder Act 1998, Public Order Act 1986 5 Jurisdiction: England and Wales Crime Updated: 10 June 2022; Ref: scu.194908
Opium has a considerably lower street value than other class A drugs, including particularly heroine and cocaine. Sentences for possession with intent to supply must reflect this lower value. On a contested case involving 40kg would be 14 years and upwards, and for 4kg was 10 years and upwards. Though equally harmful in principle, there … Continue reading Regina v Behrooz Mashaollahi: CACD 25 Jul 2000
The applicant a Turkish national, aged 55 years, had lived in Germany for 30 years. He was sentenced to 7 years’ imprisonment for a drugs offence, and then ordered expuelled to Turkey. His wife had serious psychiatric problems. She needed him and could not follow him to Turkey. Held: The complaint under Article 8 was … Continue reading Caglar v Germany: ECHR 7 Dec 2000
The defendant appealed the imposition of a determinate sentence followed by an extended sentence for offences of cruelty to a child, rape and inflicting grievous bodily harm. Held: Some of the offences had taken place before the regime of extended sentences was introduced. Though one extended sentence should not follow another, there was no reason … Continue reading Regina v Bird: CACD 3 Dec 2004
Appeal was made against a sentence thought unduly lenient. The defendant was convicted of a racially aggravated assault occasioning actual bodily harm. Held: There should be a serious increase in the penalty where a crime is racially aggravated, but this was not to be a calculation derived from the new maximum penalties. Judges: Rose LJ, … Continue reading Regina v Pells Attorney-General’s Reference (No 92 of 2003): CACD 22 Mar 2004
A court which intended to sentence the defendant to a period of detention and training, should make allowance for any relevant period spent by the defendant in custody awaiting trial. The period of reduction was not purely arithmetical. The court had given credit for the defendant’s guilty plea under the 1998 act rather than under … Continue reading Regina v Davis (Carl): CACD 20 Dec 2000
A defendant could be convicted of a racially aggravated offence when he used racially abusive language towards another of his own ethnicity when committing the underlying offence. The prosecutor’s appeal was allowed. Judges: Maurice Kay LJ, Rafferty J Citations: Times 06-May-2004 Statutes: Public Order Act 1996 5, Crime and Disorder Act 1998 28 Crime Updated: … Continue reading Director of Public Prosecutions v Green: QBD 7 Jul 2004
When calculating the period of time for which a person convicted of a relevant offence must stay on the sex offenders register, a period of extended licence does not count as a term of imprisonment and must be disregarded. A liability to be recalled to prison is not the same as a term of imprisonment.When … Continue reading Regina v S: CACD 30 Aug 2000
Where a youth court was considering the imposition of a detention and training order on a young offender under the Act, the court should always, before retiring state this possibility in open court so that the parties can ascertain the length of time if any spent already spent in custody so that proper allowance could … Continue reading Regina v Haringey Youth Court, Ex Parte A: QBD 30 May 2000
A police officer is as entitled as anybody else not to be racially abused. An arrested person made racist remarks against a police officer, and was convicted of the offence of threatening behaviour, racially aggravated. Even though the appellant might not be racist, her offence passed the custody threshold. Even so a short sentence of … Continue reading Regina v Jacobs: CACD 28 Dec 2000
Whether offence was racially aggravated – charge of using threatening, abusive or insulting words or behaviour within the hearing or sight of a person likely to be caused harassment, alarm or distress which was religiously aggravated in accordance with section 28 of the Crime and Disorder Act 1998, contrary to section 5(1) of the Public … Continue reading Director of Public Prosecutions, Regina (on the Application of) v Humphrey: Admn 20 Apr 2005
Director of Public Prosecutions’ appeal by way of Case Stated against the adjudication of the Bedfordshire Justices, sitting at Bedford on 21st July 1999, acquitting the Respondent of an offence of racially aggravated common assault contrary to section 29(1)(c) and 29(3) of the Crime and Disorder Act 1998. Judges: Lord Justice Simon Brown -And- Mr … Continue reading The Director of Public Prosecutions v Pal: Admn 3 Feb 2000
In each case the youth aged 15 had been given a warning after admitting a sexual assault, and a decision had been made not to prosecute. On accepting the warnings, they had then been required to place their names on the sex offenders register, but this had not been explained to them when asked about … Continue reading Regina (U) v Commissioner of Police of the Metropolis; Regina (R) v Chief Constable of Durham Constabulary: Admn 29 Nov 2002
The prosecutor appealed a decision of a Youth Court to try an allegation of assault occasioning actual bodily harm. Held: There was a clear policy that youths under 18 shuld be tried in youth courts. New divisions of cases were to be implemented but the consolidating legislation has not been brought into effect. The Lang … Continue reading Regina (Crown Prosecution Service) v South East Surrey Youth Court: QBD 8 Dec 2005
The prosecutor appealed a grant of a stay of a prosecution of the 13 year old defendant as an abuse of process. Reports had indicated that he was unfit to plead. The prosecution contended that, if the court thought P ought not to face trial by reason of his disability, it should proceed to decide … Continue reading Crown Prosecution Service v P; Director of Public Prosecutions v P: Admn 27 Apr 2007
The defendant had faced trial on terrorist charges. He claimed that delay and the very substantial adverse publicity had made his fair trial impossible, and that it was not an offence for a foreign national to solicit murders to be carried out abroad. Held: The appeal failed. Murder is singled out as an offence even … Continue reading Regina v Abu Hamza: CACD 28 Nov 2006
The defendant appealed against his convictions for sexual assaults. He was aged twelve at the time of the offences, but had been prevented from arguing that he had not known that what he was doing was wrong. The House was asked whether the effect of the 1998 Act was to abolish the entire doctrine of … Continue reading JTB, Regina v: HL 29 Apr 2009
The prosecutor appealed after the district judge had at first granted an anti-social behaviour order, but had later thought it too wide and that it was unenforceable and void.
Held: the district judge had exceeded his powers. There were . .
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There was an argument over payment for food with the Turkish chef of a takeaway kebab shop during the course of which the defendant used the words ‘bloody foreigners’ and pushed the shop window causing it to crack. The justices doubted whether the . .
