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Public law and Regulation

Case reports and guidance on public law and professional regulation issues

02 MAR 2012

JB v Director of Public Prosecutions [2012] EWHC 72 (Admin)

Criminal law – anti-social behaviour orders – strict liability – reasonable excuse defence – state of mind

Although a breach of an Anti-Social Behaviour Order (ASBO) is a strict liability offence, where a defendant argues that there was a “reasonable excuse” the court is entitled to take into account the defendant’s state of mind at this point.
24 January 2012
High Court (Queen’s Bench Division)
Sir John Thomas; Wyn Williams J
(i) JB appealed by way of case stated the decision of the Youth Court in Birmingham to find him guilty of breaching the terms of his Anti-Social Behaviour Order (ASBO), under section 1(10) of the Crime and Disorder Act 1998.

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