The local authority applied for an anti-social behaviour order in respect of the defendant. The defendant appealed saying that the authority should have consulted with him first because the ASBO procedures provided little opportunity for involvement.
Held: District judges had a clear duty to investigate properly cases brought before them, and a failure to do so would be serious. There was no evidence to suggest that the district judge in this case had failed. In some cases consultation might be worthwhile, and in others not, but there was no duty on a local authority to consult.
Judges:
Walker LJ, Jack J
Citations:
Times 28-Mar-2005, [2005] EWHC 358 (Admin)
Links:
Statutes:
Criminal Practice
Updated: 29 June 2022; Ref: scu.223856
