ASBO Prohibitions and Young People – Hills v. Chief Constable of Essex Police

16 Pages Posted: 1 Dec 2011

Date Written: December 1, 2011

Abstract

Taking the six terms of schoolboy Joseph Hills’ Anti-Social Behavior Order (ASBO) as its starting point, this commentary examines three general principles which the courts have said apply to the drafting of ASBO prohibitions and two broad categories of ASBO prohibitions – those which prohibit behavior that constitutes a criminal offense and those which impose so-called preventive prohibitions. It expresses doubt about all six terms of Hills’ ASBO, and argues that the case illustrates fundamental problems, stemming from the disparity between the ASBO’s original design and how it is currently being used, with the drafting of ASBO prohibitions.

Keywords: child law, family law, ASBO, criminal offence

Suggested Citation

MacDonald, Stuart K., ASBO Prohibitions and Young People – Hills v. Chief Constable of Essex Police (December 1, 2011). Child and Family Law Quarterly, Vol. 19, No. 3, pp. 374-389, 2007. Available at SSRN: https://ssrn.com/abstract=1966993

Stuart K. MacDonald (Contact Author)

Swansea University College of Law ( email )

Richard Price Building
Singleton Park
Swansea, SA2 8PP
United Kingdom

HOME PAGE: http://www.swansea.ac.uk/staff/academic/law/macdonalds/

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