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Preventive Justice$
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Andrew Ashworth and Lucia Zedner

Print publication date: 2014

Print ISBN-13: 9780198712527

Published to Oxford Scholarship Online: May 2014

DOI: 10.1093/acprof:oso/9780198712527.001.0001

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Civil Preventive Orders

Civil Preventive Orders

Chapter:
(p.74) 4 Civil Preventive Orders
Source:
Preventive Justice
Author(s):

Andrew Ashworth

Lucia Zedner

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198712527.003.0004

Resort to civil measures for dealing with harms and potential harms is now common. This chapter examines, in particular, civil preventive orders which are coercive and maps the range of civil preventive orders now in use. It focuses particularly on the best known of these, the Anti-Social Behaviour Order (ASBO), and the measures that will replace it. The chapter examines the rationales for introducing these civil preventive orders into English law, and raises a number of objections to the legal form, use of civil procedure, breadth, proportionality, and application of the civil preventive order, as well as to the punitive sanctions applicable for breach of the order. The chapter goes on to formulate restraining principles for civil preventive orders.

Keywords:   Civil preventive orders, Anti-Social Behaviour Order, civil procedure, proportionality, restraining principles

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