Uddin & Ors, R. v

Uddin & Ors, R. v

The ASBOs imposed were not shown to be necessary or proportionate, lacked proper procedural fairness, failed to consider individual circumstances, and contained unjustified and ambiguous prohibitions; therefore, all ASBOs against the appellants should be quashed.

Parties
Prosecution: The Queen; Applicant: Mohan Uddin; Applicant: Moshiur Rahman; Applicant: Naseer Mohammed Khan; Applicant: Mohammed Ishtiaq Alamgir; Applicant: Qadeer Ahmed; Applicant: Kamaran Khan; Applicant: Yousaf Bashir; Applicant: Jalal Ahmed; Applicant: Munim Abdul
Jurisdiction
England and Wales
Judgment Date
11 December 2015
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Asbos
Outcome
appeals allowed
Legal Topics
Anti Social Behaviour Orders, Proportionality, Procedural Fairness, Freedom of Religion, Freedom of Expression, Freedom of Assembly
Criminal Law Human Rights Law Civil Procedure Anti Social Behaviour Orders Proportionality Procedural Fairness Freedom of Religion Freedom of Expression +1 more

Case Brief

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Parties

The Queen

Prosecution

Mohan Uddin

Applicant

Moshiur Rahman

Applicant

Naseer Mohammed Khan

Applicant

Mohammed Ishtiaq Alamgir

Applicant

Qadeer Ahmed

Applicant

Kamaran Khan

Applicant

Yousaf Bashir

Applicant

Jalal Ahmed

Applicant

Munim Abdul

Applicant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Asbos

Legal Issues

  1. 1 Whether ASBOs imposed were necessary and proportionate
  2. 2 Whether procedural fairness was observed in the making of ASBOs
  3. 3 Whether individual circumstances of each defendant were properly considered

Ratio Decidendi

The ASBOs imposed were not shown to be necessary or proportionate, lacked proper procedural fairness, failed to consider individual circumstances, and contained unjustified and ambiguous prohibitions; therefore, all ASBOs against the appellants should be quashed.

Court Disposition

appeals allowed

Orders

  • All ASBOs against the appellants are quashed.