Crime Cases April 13

Closure Orders - Standard of Proof
ASBR (Chief Constable of Merseyside Police) v Harrison ( Secretary
of State for the Home Department intervening)
QBD
7 April 2007
Daily Law Notes Report Summary
The standard of proof applicable to closure orders under s 2(3)(a)
and (b) of the Anti-Social Behaviour Act 2003 was the balance of
probabilities.

Procedural Failures - Effects on Decisions to Proceed Regardless
R v Ashton;
R v Draz;
R v O'Reilly [2006] EWCA Crim 794
CA
5 April 2006
Daily Law Notes Report Summary
Where a court was confronted by failure to take a required step,
properly or at all, before exercising a power, unless there was a
clear indication that Parliament intended jurisdiction
automatically to be removed following such a procedural failure,
the court should consider the interests of justice generally, with
particular focus on whether there was a real possibility that the
prosecution or the defendant might suffer prejudice. If that risk
was present, the court should then decide whether it was just to
permit the proceedings to continue.