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audibility’ beyond the confines of the defendant’s dwelling - a simple matter of observable
fact that, say, a police officer could witness.
113
162,
Simon Cordell’s Skeleton Argument (2) Pdf
Applying to the courts
The second prohibition to deal with the tenant’s threatening and abusive behaviour was
beyond the scope of the original abatement notice. It was granted as the council was able to
produce evidence of the tenant’s behaviour to justify the restriction gained from early
consultations with Suffolk Police and the housing association, which proved it was a
reasonable restriction to impose on the defendant.
The resulting order on conviction did not cost any more than the noise prosecution would
have cost on its own. Obtaining these restrictions in this way avoided the need for a stand-
alone ASBO application in respect of the other aspects of the defendant’s behaviour, saving
money, avoiding several weeks' delay, and achieving faster and more readily enforceable
relief for the wider community.
Valuable lessons were learnt by environmental health and other enforcement authorities in
this action.
In particular, early consultation with relevant agencies in the process of investigation and
enforcement are important to an ASBO’s success. And if the applicant for an order offers the
other relevant agencies the opportunity to assist in drafting appropriate prohibitions, a
successful outcome, which offers relief for the community ‘on all fronts’, is more likely.
Contact
Andrew Reynolds, Principal Environmental Health Officer, Waveney District Council
Telephone: 01502 562111
professional witness statements.
hearsay evidence.
CCTV footage.
letters of complaint (including anonymous complaints) to the police, the council or a
landlord.
articles in the local press.
the number and nature of the charges against the defendant.
the defendant’s character and conduct as revealed by the evidence.
the content of the victim’s personal statement.
other offences that have been taken into consideration (TICs);
details of final warnings or previous convictions.
the risk assessment in any pre-sentence report.
records of any non-compliance with other interventions, e.g., ABCs or warnings; and
the community impact statement (CIS).
A CIS can be written by a caseworker (such as a housing officer or community safety officer)
and/or by the local police. The purpose of a CIS is to outline the effect the anti-social
behaviour is having on the wider community in a way that is clear and concise for the judge’s
consideration. In certain circumstances, some elements of evidence, such as hearsay, CCTV
footage and letters of complaint, can be put in a (Vis.
Adjournments
Section 1.0(3) of the Magistrates’ Courts Act 1980 permits adjournments to be made after
conviction and before sentence to enable enquiries to be made or, in this context, to
determine the most suitable way of dealing with an application for an order under section 1C
of the Crime and Disorder Act 1998.Where the court adjourns and delays sentencing to
consider the order, it can impose bail conditions in the normal manner.

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