Page 48 - tmp

(7) Section 4 of the 1998 Act provides that an appeal against the making of an ASBO lies to
the Crown Court.
(8) Section 79(3) of the Senior Courts Act 1981 provides that an appeal to the Crown Court is
by way of a re-hearing. The relevant test, therefore, is that set out in S.1 of the Act.
(1) Pursuant to S.1 (4) of the 1998 Act, the court may exercise it discretion and make an
ASBO if the two-part test set: out in S.1(l) is satisfied. Section 1(1) states:
a. An application for an order under this section may be made by a relevant:
authority if it: appears to the authority that the following conditions are fulfilled
with respect to any person aged ID or over, namely—that the person has acted,
since the commencement date, in an and-social manner, that is to say, in a
manner that caused or was likely to cause harassment: alarm or distress to one or
more persons not of the same household as himself; and
b. that such an order is necessary to protect relevant persons from further antisocial
acts by him.
46
90,
Simon Cordell’s Skeleton Argument (2) Pdf
(9) It is for the Respondent to satisfy the court to the criminal standard that the Appellant has
acted in a manner that caused or was likely to cause harassment, alarm, or distress to one
or more persons not of the same household as himself. However, the second limb of the
test “does not involve a standard of proof: it is an exercise of judgment or evaluation” (R
(McCann) v Manchester Crown Court [2003] l A.C. 787 at
[371).
(10) In R v Dean lioness [2006] 1 Cr. App. II. (S.) 120, the Court of Appeal provided general
guidance as to the creation of prohibitions forming an ASBO. the court held that:
3. prohibitions should be individually tailored to the individual and that each individual
prohibition must be necessary [28].
(ti) an ASBO can include prohibitions not to undertake minor criminal activity that may be
covered under separate legislation [30-1]. However, an ASBO should seek to prevent a
person from being able to commit that offence, rather than further penalise him when he does
commit it [35]; and
(iii) the terms of the ASBO must be proportionate so as to be commensurate with the risk
identified [37],
SUBMISSIONS
The first limb of the test under S. 1 (l)(a) of the 1998 Act
(11) The organisation of large-scale raves, whether or not they fall within the parameters of
s.63 of the Criminal justice and Public Order Act 1994 and whether on private property or
common land, fall within the definition of anti-social behaviour. 1 he Home Office
Guidance: ‘A Guide to antisocial beamer orders’ specifies noise nuisance, particularly
when late at night, as an example of anti-social behaviour.
24.11.1 It is submitted that, a person who helps organise or supplies equipment for a rave,
where there is loud music late at night (except where there is a licence to do so and/or the
music is played on licensed premises), has prana jade done an act in contravention of
S.1(l)(a) of the 1998 Act.
46
91,
Simon Cordell’s Skeleton Argument (2) Pdf
Simon Cordell Skeleton Argument.pdf
(12) The Respondent relies on the evidence provided in die witness statements provided by
various officers as well as supporting intelligence reports, the page references for this

Page 46 of 139