The Nature of the Anti-Social Behaviour Order - R (Mccann and Others) V Crown Court at Manchester

10 Pages Posted: 29 Dec 2003

Abstract

In R (McCann & others) v Crown Court at Manchester the House of Lords held that proceedings under section 1(1) of the Crime and Disorder Act 1998 for the imposition of an anti-social behaviour order (ASBO) should be classified as civil in nature, both domestically and for the purposes of Article 6 ECHR. This article examines the reasoning of the House of Lords and argues that the proceedings should have been classified as criminal in nature. Contrary to the assertion of the House of Lords, however, this would not rule out the possibility of conducting an effective campaign against anti-social behaviour.

Suggested Citation

MacDonald, Stuart K., The Nature of the Anti-Social Behaviour Order - R (Mccann and Others) V Crown Court at Manchester. Modern Law Review, Vol. 66, pp. 630-639, July 2003. Available at SSRN: https://ssrn.com/abstract=425646

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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