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Simon Cordell’s Skeleton Argument (2) Pdf
Simon Cordell Skeleton Argument (3).pdf
Anti-soda! behaviour orders' the basics
The terms of each order should be tailored to the circumstances of the individual case.
Tackling prostitution and drug-related anti-social behaviour at Kings Cross
Issue
Kings Cross was one of the most infamous drug and vice hotspots in the country. For years
the authorities had struggled to improve the area.
Approach
'flic anti-social behaviour partners meet to discuss individual cases and offer appropriate help,
including housing and rehabilitation services. If the perpetrators of the anti-social behaviour
fail either to engage or to change their behaviour, acceptable behaviour agreements (ABAs)
are often used to bring to the offenders’ attention the impact of their behaviour on the
community.
Outcomes
This worked very well with only 4 out of 32 ABAs progressing to ASBO applications. But
where the ASBO was deemed necessary by the partners, Camden police officers put together
bundles of evidence, with Camden Council’s legal team making the ASBO application.
Impact statements were taken from local community activists and councillors to prove the
need for the orders. Since then, having issued 45 ASBOs with prohibitions within the area,
Kings Cross is completely unrecognisable from its previous image. The partners have also
been successful in working with perpetrators to facilitate a significant sustainable change in
behaviour. One crack cocaine addict recently wrote to the local paper apologising to the
people of Kings Cross for his behaviour. Another went on to be a drugs worker in Brixton
while a third is now working in the Home Counties and has had her ASBO discharged with
the consent of the authorities.
Contact
Ian Walker
Email: ian.waiker@camden.gov.uk
Legal definition of anti-social behaviour for the purpose of obtaining an order
Under section 1 of the Crime and Disorder Act 1998, the agency applying for an ASBO must
show that:
the defendant behaved in an anti-social manner; and an order is necessary for the protection
of people from further anti-social behaviour by the defendant.
This is sometimes referred to as the ‘two-stage test’.
Section 1(1) of the Act describes acting in an ‘anti-social manner’ as acting in ‘a manner
which causes or is likely to cause harassment, alarm or distress to one or more persons not of
the same household as the perpetrator.
The wording is intentionally wide-ranging to allow for the orders to be used in a variety of
circumstances.
The expression likely to cause’ has the effect that someone other than a victim of the anti-
social behaviour can give evidence of the likelihood of its occurring. This is intended
specifically to enable the use of professionals as witnesses where those targeted by the
behaviour feel unable to come forward, for example for fear of reprisals or intimidation.
Standard of proof
In the case of McCann (R v Crown Court at Manchester ex parte McCann (FC) and Others
(FC)), the House of Lords, while confirming that ASBOs were civil orders, set out the law on
the standard of proof as follows:
‘they [magistrates] must in all cases under section 1 apply the criminal standard... it will be
sufficient for the magistrates, when applying section 1(1 )(a) to be sure that the defendant has

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