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Community Protection Notice

April 27th, 2020 by James Goudie KC

A Community Protection Notice under Section 43 of the Anti-Social Behaviour, Crime and Policing Act 2014 may not be served on person A in respect of anti-social behaviour by person B, say a child, on account of A being in a position to, and expected to, exert control over B. So held by a Divisional Court in Staffordshire Moorlands District Council v Sanderson (2020) EWHC 962 (Admin). Andrews J said, at para 35, that Parliament has chosen not to attribute the anti-social behaviour of one person to another person even if that other person has some power of control unless the behaviour can be treated as if it were the behaviour of that other person. Hickinbottom LJ, at para 41, gave the examples of when the anti-social behaviour is encouraged or supported.

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