By Gary Slapper, David Kelly
Slapper and Kelly's The English criminal procedure explains and seriously assesses how our legislation is made and utilized. every year up-to-date, this authoritative textbook sincerely describes the criminal principles of britain and Wales and their collective effect as a sociocultural institution.
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Extra info for English legal system, 2011-2012 : 2011-2012
Sample text
Devlin argued that ‘the suppression of vice is as much the law’s business as the suppression of subversive activities’. A shared morality, he argued, is the cement of society, without which there would be aggregates of individuals but no society. Hart argued that people should not be forced to adopt one morality for its own sake. He repudiated the claim that the loosening of moral bonds is the first stage of social disintegration, saying that there was no more evidence for that proposition than there was for Emperor Justinian’s statement that homosexuality was the cause of earthquakes.
An application for an ASBO is not made by individuals who are subjected to the antisocial behaviour, for the obvious reason that they might be subjected to further victimisation. It is the function of local authorities, police forces, including the British Transport Police, and registered social landlords to collect the evidence and put it to the magistrates’ court. Initially the ASBO was a purely civil action distinct from, and an alternative to, criminal actions. However, the PRA 2002 introduced the possibility of such orders being made on conviction in criminal proceedings, in addition to, but separate from, any sentence imposed.
Thus Part 7 of the Act, ss 98 to 117, introduced the concept of the violent offender orders (VOO). As the name indicates these orders, similar in effect to ASBOs and SCPOs, are imposed where it is ‘necessary for the purpose of protecting the public from the risk of serious violent harm caused by the offender’ in C A T E G O R I E S O F L AW addition to sentencing in the case of conviction for specific violent offences. The person to be made subject to such an order must be at least 18, have been convicted of a ‘specified offence’ and have received a sentence of at least one year in prison or a psychiatric hospital.
