ASBOs: A Practitioner's Guide to Defending Anti-social Behaviour Orders - Softcover

Sikand, Maya

Softcover

ISBN 10: 1903307414 ISBN 13: 9781903307410

Publisher: Legal Action Group, 2006

Synopsis

ASBOs were designed to tackle real problems in local communities such as the misery and distress caused by conduct involving harassment, alarm and distress. Seven years on from their introduction, ASBOs are widely-used and often misused: by excessive use against the young and mentally disordered, by their use against conduct that is disturbed or dysfunctional rather than serious and threatening, by resort to over-wide prohibitions and an over-readiness to impose custodial terms for breaches. "ASBOs: a practitioner's guide to defending anti-social behaviour orders "is a unique guide to this area of law. It is the first text to examine the practice and procedure of the criminal courts and the county court from the standpoint of a practitioner acting for the defendant. In addition to providing procedural and tactical guidance, it lends a powerful voice to the debate for a fairer and more balanced approach to what is 'anti-social behaviour' and what the appropriate prohibitions should be. It takes the reader through all the key issues: what should be considered before an ASBO is applied for? the difference between 'stand alone' and post-conviction ASBOs; the civil jurisdiction of the criminal courts; housing law and ASBOs in the county court; admissibility of hearsay and Article 6 of the ECHR; terms and duration of ASBOs; breaches and sentencing; treatment of children and young people; and, how to obtain public funding and recover costs. There is authoritative guidance on statutory tests, analysis of the rapidly developing body of case law as well as an analysis of the relevant human rights jurisprudence. The text is supplemented with all the crucial, updated legislation, statutory instruments, ECHR Articles, relevant Civil Procedure Rules, court forms and a practitioner's checklist. "ASBOs" is essential reading for criminal and housing practitioners, local authorities, police, the judiciary, those working in the youth justice system and in voluntary sector organisations concerned with young people, mental health and learning disabilities.

About this title

About the Author

Maya Sikand is a barrister at Garden Court Chambers in London. She specialises in criminal defence work and crime-related civil work. She approaches all areas of her practise in the context of human rights jurisprudence. She has written articles for Archbold News, New Law Journal and Legal Action.

From the Back Cover

"From the point of view of the practitioner, this book has it
all: detailed exposition of the statutory tests; masterful analysis of the
developing case law and its conflicting trends; helpful guidance on tactics
... this book is not just scholarly and comprehensive. It is above all
practical, clear and helpful." Edward Fitzgerald QC from his foreword.

ASBOs were designed to tackle real problems in local communities such as
the misery and distress caused by conduct involving harassment and
intimidation. Seven years on from their introduction, ASBOs are widely-used
and often misused: by excessive use against the young and mentally
disordered, by their use against conduct that is disturbed or dysfunctional
rather than serious and threatening, by resort to over-wide prohibitions
and an over-readiness to impose custodial terms for breaches.

ASBOs: a practitioner's guide to defending anti-social behaviour orders is
a unique guide to this area of law. It is the first text to examine the
practice and procedure of the criminal courts and the county court from the
standpoint of a practitioner acting for the defendant. In addition to
providing procedural and tactical guidance, it lends a powerful voice to
the debate for a fairer and more balanced approach to what is "anti-social
behaviour"; and what the appropriate prohibitions should be.

It takes the reader through all the key issues:
- what should be considered before an ASBO is applied for?
- the difference between "stand alone" and post-conviction ASBOs
- the civil jurisdiction of the criminal courts
- housing law and ASBOs in the county court
- admissibility of hearsay and Article 6 of the ECHR
- terms and duration of ASBOs
- breaches and sentencing
- treatment of children and young people
- how to obtain public funding and recover costs

There is authoritative guidance on statutory tests, analysis of the rapidly
developing body of case law as well as an analysis of the relevant human
rights jurisprudence. The text is supplemented with all the crucial,
updated legislation, statutory instruments, ECHR Articles, relevant Civil
Procedure Rules, court forms and a practitioner¡¦s checklist.

ASBOs is essential reading for criminal and housing practitioners, local
authorities, police, the judiciary, those working in the youth justice
system and in voluntary sector organisations concerned with young people,
mental health and learning disabilities.

Edition details

• Publisher: Legal Action Group
• Publication date: 2006
• Language: English
• ISBN 10: 1903307414
• ISBN 13: 9781903307410
• Binding: Paperback
• Number of pages: 496