Khan, R v

Khan, R v

The CBO was not justified as it was not tailored to the appellant's specific circumstances, lacked proportionality, and procedural delays rendered its imposition unsatisfactory. The conduct warranting alarm and distress was primarily attributable to Bashir, not the appellant, and there was no evidence of gang association or necessity for the order.

Parties
Respondent: Regina; Appellant: Kamran Khan
Jurisdiction
England and Wales
Judgment Date
27 June 2018
Procedural Posture
Criminal Appeal / Appeal Against Criminal Behaviour Order
Outcome
Appeal allowed; Criminal Behaviour Order quashed.
Legal Topics
Criminal Behaviour Orders, Proportionality, Procedural Requirements, Anti Social Behaviour
Criminal Law Criminal Behaviour Orders Proportionality Procedural Requirements Anti Social Behaviour

Case Brief

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Parties

Regina

Respondent

Kamran Khan

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Criminal Behaviour Order

Legal Issues

  1. 1 Whether the Criminal Behaviour Order (CBO) imposed on the appellant was appropriate and proportionate
  2. 2 Whether the procedural requirements for imposing a CBO were met
  3. 3 Whether the CBO should have been geographically limited

Ratio Decidendi

The CBO was not justified as it was not tailored to the appellant's specific circumstances, lacked proportionality, and procedural delays rendered its imposition unsatisfactory. The conduct warranting alarm and distress was primarily attributable to Bashir, not the appellant, and there was no evidence of gang association or necessity for the order.

Court Disposition

Appeal allowed; Criminal Behaviour Order quashed.

Orders

  • The Criminal Behaviour Order imposed on Kamran Khan is quashed.