ASBOs "By Consent"
08/06/2005
Successful outcome of an ASBO Judicial Review in the High Court - read Adam Fullwood 's case summary.
T (R on the application of) v. (1) Manchester Crown Court (2) Manchester City Council [2005] June 7th, Moses J.
Manchester City Council ('the Council') applied for an anti social behaviour order against T. At the hearing he was accompanied by his mother and was represented by Counsel. They were informed that an order for a period of 5 years was being sought. After taking advice from Counsel T's mother indicated that a 2-year order would be acceptable. The matter went into court and the District Judge considered the papers and granted the order as requested by the parties.
T's mother subsequently decided that the order should not have been imposed and that she made the decision under pressure.
An appeal to the Crown Court was started and this came before Recorder Farley QC. As a preliminary point the Council argued that the Crown Court had no jurisdiction to entertain the appeal as it was an appeal against a consent order. This argument was accepted by the Recorder and the appeal was dismissed.
On a claim for judicial review Mr Justice Moses quashed the decision of Recorder Farley QC. He held that an anti social behaviour order cannot be granted unless the court has satisfied itself that the conditions under section 1 of the Crime and Disorder Act 1998 have been satisfied. Accordingly the learned Recorder had fallen into error in deciding that he had no jurisdiction to hear the appeal on the basis that the order had been granted by consent. This decision is not intended to prevent parties agreeing to the terms of a proposed order but the court must satisfy itself that section 1 has been satisfied before making any such order.
The matter was remitted to the Crown Court for an appeal and the Council were ordered to pay the Claimant's costs.
Adam Fullwood , barrister, Garden Court North.
Ben McCormack, solicitor, Gregorys.
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Useful links
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