W (a juvenile) v Acton Youth Court
Proceedings for an ASBO under section 1C are civil, not criminal, and hearsay evidence is admissible. The process before the Magistrates was not so procedurally flawed as to warrant quashing the order by judicial review; the appropriate remedy for any defects is appeal to the Crown Court.
Source-derived case information.
- Parties
- Claimant: W (a juvenile) (by his mother and litigation friend); Respondent: Acton Youth Court
- Jurisdiction
- England and Wales
- Judgment Date
- 28 April 2005
- Procedural Posture
- Judicial Review / Judgment
- Outcome
- Application for judicial review refused
- Legal Topics
- Anti Social Behaviour Orders, Hearsay Evidence, Procedural Fairness, Judicial Review
Source-derived case record
Summary, issues, holding and outcome
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Parties
W (a juvenile) (by his mother and litigation friend)
Claimant
Acton Youth Court
Respondent
Procedural Posture
Judicial Review / Judgment
Legal Issues
- 1 Are proceedings for an anti-social behaviour order (ASBO) under section 1C of the Crime and Disorder Act 1998 civil or criminal?
- 2 Is hearsay evidence admissible in such proceedings?
- 3 Were the proceedings before the Magistrates procedurally flawed, including adequacy of time for defence, clarity and necessity of order terms, and sufficiency of reasons given?
Ratio Decidendi
Proceedings for an ASBO under section 1C are civil, not criminal, and hearsay evidence is admissible. The process before the Magistrates was not so procedurally flawed as to warrant quashing the order by judicial review; the appropriate remedy for any defects is appeal to the Crown Court.
Court Disposition
Application for judicial review refused
Full Case Text
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