Source: All England Reporter
Publisher Citation: [2002] All ER (D) 246 (Oct)
Neutral Citation: [2002] UKHL 39
Court: House of Lords
Judge:

Lord Steyn, Lord Hope of Craighead, Lord Hutton, Lord Hobhouse of Woodborough, Lord Scott of Foscote

Representation Stephen Solley QC and Alan Fraser (instructed by Peter Kandler & Co) for the appellant in the first appeal.
  John Bowers QC and Richard Banwell (instructed by Gisgy Edila) for the respondent in the first appeal.
  Adrian Fulford QC and James Stark (instructed by Burton Copeland, Manchester) for the appellants in the second appeal.
  Charles Garside QC and Peter Cadwallader (instructed by Peter Scofield, Head of Legal Services for the Greater Manchester Police) for the respondent in the second appeal.
  Rhodri Thompson QC (instructed by Liberty) for the intervenor.
  Jonathan Crow (instructed by the Treasury Solicitor) for the interested party.
Judgment Dates: 17 October 2002

Catchwords

Magistrates - Magistrates' courts - Proceedings - Anti-social behaviour order - Nature of proceedings for imposition of anti-social behaviour order - s 1 - European Convention on Human Rights, art 6.

The Case

Proceedings for the making of an anti-social behaviour order under s1 of the are civil in nature both in domestic law and for the purposes of the European Convention on Human Rights. Accordingly, hearsay evidence is admissible in such proceedings but, in view of the seriousness of the matters involved in such proceedings, magistrates should apply the criminal standard of proof to such evidence.

Practice Areas

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