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Taking into account the proceedings as a whole, we have concerns about their compliance with...
Conclusion
Taking into account the proceedings as a whole, we have concerns about their compliance with principles of procedural fairness and Article 6 ECHR (the right to a fair trial). This is particularly the case given that respect orders would be available where anti-social behaviour, or even just the threat of it, has been proved to the civil standard of proof (i.e. on the balance of probabilities) and the court has concluded that an order is just and convenient (not ‘necessary’ or ‘proportionate’). Also, given that they are civil orders, the civil rules on hearsay evidence apply (potentially making it harder for the respect order recipient to dispute evidence against them and overcome the lesser standard of proof). Finally, the consequence 56 of receiving a respect order is particularly significant, given that breach constitutes a criminal offence punishable by imprisonment. (Conclusion, Paragraph 72)
Source
Committee
Human Rights (Joint Committee)
Inquiry
Crime and Policing Bill
Report
5th Report - Legislative Scrutiny: Crime and Policing Bill
14 Jul 2025
HC 830
Addressee Bodies
Ministry of Justice
Timeline
Recommendation age
0.9 yr
Report published
14 Jul 2025