magistrates not to give ASBO to those mentally unable of compliance

[Guest guest]

High Court warns magistrates over Asbos after homeless beggar test case

Published by Jon Land for 24dash.com in Housing , Communities , Local Government Tuesday 21st October 2008 - 3:41pm

High Court warns magistrates over Asbos after homeless beggar test case

Magistrates were warned today not to make anti-social behaviour orders against individuals whose mental state made them "truly incapable" of compliance.The High Court said such orders would not protect the public and it would be wrong in law to make them.Two senior judges were asked to clarify the law in the case of Lee Cooke, 24, a homeless drug addict banned under an Asbo from Nottingham town centre after frightening members of the public through aggressive begging.Lawyers for Cooke argued that the order, made against him by local magistrates in February, should be overturned as it amounted to "criminalising his mental health problems".The judges refused to intervene, but decided to lay down general guidelines as the case was believed to be the first time the issue of Asbos and mental health had come before the High Court.Lawyers for Cooke said he suffered from a borderline personality disorder and post-traumatic stress. This prevented him from fully understanding and complying with the Asbo.A court-appointed psychiatric nurse, Harjit Nijjer, had given independent evidence to the magistrates that Cooke's behaviour was symptomatic of his condition.Mr Nijjer said an Asbo would be repeatedly breached and would amount to criminalising his mental health problems.But Lord Justice Dyson and Mr Justice Pitchford, sitting in London, said the magistrates had been entitled to conclude that he was capable of "consequential thinking", would understand what the order required and it was not inevitable that the order would be breached.The Asbo banned Cooke from entering Nottingham town centre, begging for food or money, from possessing a knife or razor blade or using syringes in a public place, or otherwise acting in a manner likely to cause harassment, alarm or distress.Lord Justice Dyson said: "If the justices had concluded that Cooke's mental state was such that he was truly incapable of complying with conditions in the Asbo order, then it would have been wrong in law to make the order."The purpose of Asbos under the 1998 Crime and Disorder Act was to protect the public from harassment, alarm or distress, said the judge.It would be wrong for a court to make an order "in circumstances where the court knows the defendant is not capable of complying with it".When considering whether or not a defendant was incapable, the courts should rely on the evidence of psychiatrists - not psychologists or psychiatric nurses, ruled the judge.The court heard that Cooke was currently on remand in custody after breaching the order on two separate occasions within a week of it being served on him.

[Guest guest]

High Court warns magistrates over Asbos after homeless beggar test case

Published by Jon Land for 24dash.com in Housing , Communities , Local Government Tuesday 21st October 2008 - 3:41pm

High Court warns magistrates over Asbos after homeless beggar test case

Magistrates were warned today not to make anti-social behaviour orders against individuals whose mental state made them "truly incapable" of compliance.The High Court said such orders would not protect the public and it would be wrong in law to make them.Two senior judges were asked to clarify the law in the case of Lee Cooke, 24, a homeless drug addict banned under an Asbo from Nottingham town centre after frightening members of the public through aggressive begging.Lawyers for Cooke argued that the order, made against him by local magistrates in February, should be overturned as it amounted to "criminalising his mental health problems".The judges refused to intervene, but decided to lay down general guidelines as the case was believed to be the first time the issue of Asbos and mental health had come before the High Court.Lawyers for Cooke said he suffered from a borderline personality disorder and post-traumatic stress. This prevented him from fully understanding and complying with the Asbo.A court-appointed psychiatric nurse, Harjit Nijjer, had given independent evidence to the magistrates that Cooke's behaviour was symptomatic of his condition.Mr Nijjer said an Asbo would be repeatedly breached and would amount to criminalising his mental health problems.But Lord Justice Dyson and Mr Justice Pitchford, sitting in London, said the magistrates had been entitled to conclude that he was capable of "consequential thinking", would understand what the order required and it was not inevitable that the order would be breached.The Asbo banned Cooke from entering Nottingham town centre, begging for food or money, from possessing a knife or razor blade or using syringes in a public place, or otherwise acting in a manner likely to cause harassment, alarm or distress.Lord Justice Dyson said: "If the justices had concluded that Cooke's mental state was such that he was truly incapable of complying with conditions in the Asbo order, then it would have been wrong in law to make the order."The purpose of Asbos under the 1998 Crime and Disorder Act was to protect the public from harassment, alarm or distress, said the judge.It would be wrong for a court to make an order "in circumstances where the court knows the defendant is not capable of complying with it".When considering whether or not a defendant was incapable, the courts should rely on the evidence of psychiatrists - not psychologists or psychiatric nurses, ruled the judge.The court heard that Cooke was currently on remand in custody after breaching the order on two separate occasions within a week of it being served on him.

[Guest guest]

High Court warns magistrates over Asbos after homeless beggar test case

Published by Jon Land for 24dash.com in Housing , Communities , Local Government Tuesday 21st October 2008 - 3:41pm

High Court warns magistrates over Asbos after homeless beggar test case

Magistrates were warned today not to make anti-social behaviour orders against individuals whose mental state made them "truly incapable" of compliance.The High Court said such orders would not protect the public and it would be wrong in law to make them.Two senior judges were asked to clarify the law in the case of Lee Cooke, 24, a homeless drug addict banned under an Asbo from Nottingham town centre after frightening members of the public through aggressive begging.Lawyers for Cooke argued that the order, made against him by local magistrates in February, should be overturned as it amounted to "criminalising his mental health problems".The judges refused to intervene, but decided to lay down general guidelines as the case was believed to be the first time the issue of Asbos and mental health had come before the High Court.Lawyers for Cooke said he suffered from a borderline personality disorder and post-traumatic stress. This prevented him from fully understanding and complying with the Asbo.A court-appointed psychiatric nurse, Harjit Nijjer, had given independent evidence to the magistrates that Cooke's behaviour was symptomatic of his condition.Mr Nijjer said an Asbo would be repeatedly breached and would amount to criminalising his mental health problems.But Lord Justice Dyson and Mr Justice Pitchford, sitting in London, said the magistrates had been entitled to conclude that he was capable of "consequential thinking", would understand what the order required and it was not inevitable that the order would be breached.The Asbo banned Cooke from entering Nottingham town centre, begging for food or money, from possessing a knife or razor blade or using syringes in a public place, or otherwise acting in a manner likely to cause harassment, alarm or distress.Lord Justice Dyson said: "If the justices had concluded that Cooke's mental state was such that he was truly incapable of complying with conditions in the Asbo order, then it would have been wrong in law to make the order."The purpose of Asbos under the 1998 Crime and Disorder Act was to protect the public from harassment, alarm or distress, said the judge.It would be wrong for a court to make an order "in circumstances where the court knows the defendant is not capable of complying with it".When considering whether or not a defendant was incapable, the courts should rely on the evidence of psychiatrists - not psychologists or psychiatric nurses, ruled the judge.The court heard that Cooke was currently on remand in custody after breaching the order on two separate occasions within a week of it being served on him.

[Guest guest]

High Court warns magistrates over Asbos after homeless beggar test case

Published by Jon Land for 24dash.com in Housing , Communities , Local Government Tuesday 21st October 2008 - 3:41pm

High Court warns magistrates over Asbos after homeless beggar test case

Magistrates were warned today not to make anti-social behaviour orders against individuals whose mental state made them "truly incapable" of compliance.The High Court said such orders would not protect the public and it would be wrong in law to make them.Two senior judges were asked to clarify the law in the case of Lee Cooke, 24, a homeless drug addict banned under an Asbo from Nottingham town centre after frightening members of the public through aggressive begging.Lawyers for Cooke argued that the order, made against him by local magistrates in February, should be overturned as it amounted to "criminalising his mental health problems".The judges refused to intervene, but decided to lay down general guidelines as the case was believed to be the first time the issue of Asbos and mental health had come before the High Court.Lawyers for Cooke said he suffered from a borderline personality disorder and post-traumatic stress. This prevented him from fully understanding and complying with the Asbo.A court-appointed psychiatric nurse, Harjit Nijjer, had given independent evidence to the magistrates that Cooke's behaviour was symptomatic of his condition.Mr Nijjer said an Asbo would be repeatedly breached and would amount to criminalising his mental health problems.But Lord Justice Dyson and Mr Justice Pitchford, sitting in London, said the magistrates had been entitled to conclude that he was capable of "consequential thinking", would understand what the order required and it was not inevitable that the order would be breached.The Asbo banned Cooke from entering Nottingham town centre, begging for food or money, from possessing a knife or razor blade or using syringes in a public place, or otherwise acting in a manner likely to cause harassment, alarm or distress.Lord Justice Dyson said: "If the justices had concluded that Cooke's mental state was such that he was truly incapable of complying with conditions in the Asbo order, then it would have been wrong in law to make the order."The purpose of Asbos under the 1998 Crime and Disorder Act was to protect the public from harassment, alarm or distress, said the judge.It would be wrong for a court to make an order "in circumstances where the court knows the defendant is not capable of complying with it".When considering whether or not a defendant was incapable, the courts should rely on the evidence of psychiatrists - not psychologists or psychiatric nurses, ruled the judge.The court heard that Cooke was currently on remand in custody after breaching the order on two separate occasions within a week of it being served on him.