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Preventative Orders: A Practical Guide

Preventative Orders: A Practical Guide

Author: Edwin Buckett; Tom Little; Robert McAllister
Publisher: Law Society Publishing
ISBN: 9781853287893
Published In: September 2010
Format: Paperback , 256 pages
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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This practical and comprehensive guide is essential for all practitioners advising or representing organisations or individuals when obtaining or resisting preventative orders applied for in the High Court, County Court, Crown Court or Magistrates Court.

With a wide range of preventative orders now placing significant restrictions on an individual, this new book comprehensively deals with them collectively in one handy volume. Taking into account developments such as the new Criminal Procedure Rules, the latest Home Office and Ministry of Justice Guidance on various orders and recent case law, Preventative Orders sets out precisely how to apply for such orders and the preparatory steps leading to any court hearing.

Outlining the legislation and procedure, each type of order is analysed, including:

Anti-Social Behaviour Orders
Sex Offender Preventative Orders
Closure Orders
Violent Offender Orders
Football Banning Orders
Serious Crime Preventative Orders
Drinking Banning Orders

A final chapter details preventative orders following acquittal as well as other orders such as Notification Orders, Parenting Orders, Foreign Travel Orders, Dog Control Orders, Gating Orders and Forced Marriage Protection Orders. The appendices contain a detailed analysis of the pertinent rules, legislation and home office guidance, along with the wording from 25 draft orders approved at High Court or Court of Appeal level.

1. Introduction;
2. Burden and standard of proof;
3. Hearsay evidence;
4. ASBO's;
5. Sexual Offences Preventative Orders;
6. Risk of Sexual Harm Orders;
7. Closure Orders;
8. Football Banning Orders;
9. Serious Crime Preventative Orders;
10. Violent Offender Orders;
11. Preventative Orders following acquittal;
12. Other Preventative Orders;
13. Appeals;
Appendices.

Edwin Buckett, Tom Little and Robert McAllister are practising barristers from 9 Gough Square, London, with 30 years of combined experience of practising police related law. They regularly advise chief constables and police forces, in addition to individuals in relation to civil applications for preventative orders and have appeared before all levels of court to obtain, resist, vary or defend such orders.

"An essential reference for practitioners"

The Practical Lawyer