The council appealed refusal of an interim ex parte anti-social behaviour order by the respondent.
Held: The clerk had asked herself the wrong question. She had asked whether on balance it was just to make the interim order. Under the rules, her task was a different one. She was to ask only about the manner of the hearing as to whether it needed to be made ex parte. She should have had regard to the likely response of the defendant, whether that response might prejudice the complainant if vulnerable, the gravity of the conduct complained of, the urgency of the matter, the right of the defendant to know of the complaint, and the counter-balancing protections of the rights of the defendant.
Judges:
Henriques J
Citations:
Times 08-Mar-2005
Statutes:
Magistrates Court (Anti-Social Behaviour Orders) Rules 2002 (2002 No 2784) 5
Jurisdiction:
England and Wales
Magistrates
Updated: 12 April 2022; Ref: scu.223480