The Burden Of Proof

• Published date: 01 September 2023
• Subject Matter: Government, Public Sector, Litigation, Mediation & Arbitration, Criminal Law, Trials & Appeals & Compensation, Human Rights, Crime
• Law Firm: Weightmans
• Author: Daniel Conroy

The supreme court's decision in this case is important for those tasked with preventing gang related behaviour.

Jones v Birmingham City Council and another [2023] UKSC 27

The Supreme Court decision in the case of Jones v Birmingham City Council and another [2023] UKSC 27 has confirmed that the relevant standard of proof when considering anti-social behaviour injunctions is the civil standard, that the court is satisfied that it is appropriate to grant the injunction on the balance of probabilities.

In the words of Sir Brian Leveson "gang-related violence and the resulting public disorder have become a scourge which affects many cities. It may flow from drug-dealing but is not unusually accompanied by the discharge of firearms or other acts of extreme violence directed at members of other gangs such that entirely innocent members of the public can become caught up in the cross fire."

Background

Lord Lloyd-Jones in the case of Jones v Birmingham City Council and another [2023] UKSC 27 referred to Sir Brian Leveson's comments when setting out the background of the case concerning a gang known as the "Guns and Money Gang" ("GMG") who were known to be active perpetrators of gang violence in Birmingham dating back to the 1990's. Following investigations by the West Midlands Police, proceedings were successfully commenced against Jones and 17 others who were members of the GMG, or rival gangs, seeking injunctive relief under S34 of the Policing and Crime Act 2009 ("the 2009 Act) or, in the alternative, pursuant to the S1 of the Anti-social Behaviour, Crime and Policing Act 2014 ("the 2014 Act").

S34 of the 2009 Act provides that:

1. A court may grant an injunction under this section against a respondent aged 14 or over if the first and second conditions are met.
2. The first conditions is that the court is satisfied that on the balance of probabilities, that the respondent has engaged in or has encouraged or assisted -
   1. Gang-related violence; or
   2. Gang-related drug dealing activity.
3. The second condition is that the court thinks it necessary to grant the injunction for either or both of the following purposes -
   1. To prevent the respondent from engaging in, or encouraging or assisting, gang-related violence or gang related drug-dealing activity;
   2. To protect the respondent from gang-related violence or gang related drug dealing activity.

S1 of the 2014 Act provides that:

1. A court may grant an injunction under this section against a person aged 10 or over ("the...