• Introduction
• Handling
• The Law
• Elements of the Offence
• Duty of Care
• Breach of duty
• Causation
• Grossness
• The serious and obvious risk of death
• Criminality
• The relevance of the defendant's state of mi

Criminal Behaviour Order - process to find out the view of the local youth offending team

Before applying for a CBO if the offender will be under the age of 18 when the application is made, the prosecution must find out the view of the local youth offending team.  The process, below, and the use of the attached template will ensure that the views of YOT are included in the file of evidence forwarded to the prosecution.

R v St Albans Crown Court, ex parte T, and Chief Constable of Surrey v JHG and DHG [2002] EWHC 1129 (Admin)

In The St Albans case, the judge stated that:

"Whilst the court plainly does not have to refer to every factor which may weigh in favour of a section 39 direction being made, it is necessary, in my view, that it should briefly summarise the principal factors weighing in favour, even if the decision finally is that these factors are outweighed by the public interest in disclosure."

Defence of 'reasonable excuse'

In R v Nicholson [2006] 2 Cr App R 30, the trial judge ruled that, as a matter of law, ignorance of, forgetfulness as to, or misunderstanding of the terms of the ASBO could not amount to a reasonable excuse. R then pleaded guilty and appealed the conviction. The Court of Appeal held that the matters relied on by R were capable of amounting to a reasonable excuse and should have been left to the jury as an issue of fact and value judgement.

Principles supporting prohibitions on ASBOs

The principles supporting prohibitions on ASBOs will be relevant to whether a prohibition can be placed on a CBO:

Model Hearsay Notice

DRAFT HEARSAY NOTICE

Delete unwanted sections as appropriate

HEARSAY NOTICE

Criminal Procedure Rules, Rule 50.6

Expert Witnesses -Scales of Guidance

Current rates: Effective from 15 September 2008

Expert Witnesses:

1. Consultant Medical Practitioner, Psychiatrist, Pathologist

Preparation (per hour) - £70 - £100
Attendance at court (full day) - £346 - £500

2. Fire Expert (assessor) Explosives Expert

Preparation (per hour) - £50 - £75
Attendance at court (full day) - £255 - £365