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such an order is necessary to protect persons in the local government area in which the
harassment, alarm or distress was caused or was likely to be caused from further antisocial
acts by him; and in this section ‘relevant authority’ means the council for the local
government area or any chief office: of police any part of whose police area lies within that
area.
110,
Simon Cordell’s Skeleton Argument (2) Pdf
[2003] AC
SO)
R (McCann) v Manchester Crown Ct (HL(E)
Lord Steyn
A relevant authority shall not make such an application without
consulting each other relevant authority.
Such an application shall be made by complaint to the magistrates’ court. . .
@ (4) If, on such an application, it is proved that the conditions mentioned in subsection (1)
above are fulfilled, the magistrates’ court g may make an order under this section (an ‘anti-
social behaviour order’) which prohibits the defendant from doing anything described in the
order.
“(5) For the purpose of determining whether the condition mentioned in subsection (I)(a)
above is fulfilled, the court shall disregard any act of the defendant which he shows was
reasonable in the circumstances.
“(6) The prohibitions that may be imposed by anti-social behaviour order are those necessary
for the purpose of protecting from further antisocial acts by the defendant—(a) persons in the
local government area; and (b) persons in any adjoining local government area specified in
the application for the order. . .
“(7) An anti-social behaviour order shall have effect for a period (not less than two years)
specified in the order or until further order.
“(8) Subject to subsection (9) below, the applicant or the defendant
may apply by complaint to the court which made an anti-social behaviour order for it to be
varied or discharged by a further order.
“(9) Except with the consent of both parties, no anti-social behaviour order shall be
discharged before the end of the period of two years beginning with the date of service of the
order.
“(10) If without reasonable excuse a person does anything which he is prohibited from
doing by an anti-social behaviour order, he shall be liable—(a) on summary conviction, to
imprisonment for a term not exceeding six months or to a fine not exceeding the statutory
maximum, or to both; or (b) on conviction on indictment, to imprisonment for a term not
exceeding five years or to a fine, or to both.
“(11) Where a person is convicted of an offence under subsection (to) above, it shall not be
open to the court by or before which he is so convicted to make an order under subsection
(t)(b) (conditional discharge) of section 1A of the Powers of Criminal Courts Act 1973 (‘the
1973 Act’) in respect of the offence.”
The section falls into two distinct parts. Subsection (r) deals with the making of the
application, the requirements for the making of an order, C the making of an order, and
consequential matters. Subsections (10) and (T 1) deal with the consequences of a breach of
the order.
Article 6 of the European Convention provides as follows:
“(12) In the determination of his civil rights and obligations or of any criminal charge against
him, everyone is entitled to a fair and public hearing within a reasonable time by an
independent and impartial tribunal established by law. Judgment shall be pronounced

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