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A case on whether gang related injunction proceedings engage Article 6

Jones v Birmingham City Council [2018] EWCA Civ 1189

The appellant appealed against a decision to make a gang-related injunction against him under the Policing and Crime Act 2009, section 34 and the Anti-social Behaviour, Crime and Policing Act 2014, section 1.

The court held that the proceedings for gang-related injunctions were not proceedings in respect of a criminal charge and so did not engage ECHR article 6(1), article 6(2) and article 6(3). Nor did the requirements of fairness in article 6(1) require the application of the criminal standard of proof in such proceedings.