Asbo and proud online dating
In Cleary, the Court of Appeal again restated that courts should consider attaching no weight at all to such material, in accordance with the words of the statute.It is for the court to decide what weight to give the hearsay evidence.
If a party proposed to rely upon a hearsay statement, then the other party was entitled to ask the court for permission to call that witness for cross-examination.
Where, for example, ten anonymous witnesses who are unrelated to each other each provide a witness statement as to the defendant's anti-social behaviour where each statement refers independently to the same particular events and where this is supported by a witness statement from a non-anonymous witness, such as a housing officer, who confirms that residents have made complaints about a particular person over a period of time then the court may be justified in according the statements a fair degree of weight. To obtain an ASBO, a two-stage test had to be satisfied by the applicant authority (see s.1(1) Crime and Disorder Act 1998).
An Anti-Social Behaviour Order was an order of the Court which told an individual over 10 years old how they must not behave. The first test was that the defendant had committed acts causing or likely to cause harassment, alarm or distress within six months of the date of issue of the summons.
By 31 March 2004, 2,455 ASBOs had been issued in England and Wales.
On 30 March 2006, the Home Office announced that 7,356 Anti-Social Behaviour Orders had been given out since 1999 in England and Wales.
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One local authority published photos of those given ASBOs on an Internet site.