ISSUE 5 2008 - Sweet & Maxwell

Crim. L.R. Public Nuisance Injunctions Against On-Street 355
only a year or so later. Indeed, the authors reasoned, as had Addison and Lawson-
Cruttenden, 13 that despite the probability that the use of PNIs to control gangs
in the United States had been the inspiration for the ASBO, and while PNIs and
ASBOs arguably shared similar potential in tackling anti-social behaviour, it was
unlikely that the ‘‘ancient’’ PNI would be resurrected; the Government would want
to put its own punitive tool (the ASBO) to good use. However, following the much
publicised work of Birmingham City Council’s legal team to address on-street sex
work in the Edgbaston/Ladywood area, both the civil ASBO and the civil PNI are
today promoted by the Government as effective measures capable of tackling street
prostitution. 14
Although this use of the PNI against sex workers may be just an isolated example,
it is certainly an event which merits some exploration—not least because, as already
noted, the Government continues to promote the PNI to address on-street sex
work. Thus it is important to take a closer look at the PNI within the current
legal and policy framework. However, equally important, the use of the PNI brings
forth broader issues raised by practices of this kind: namely, the way in which the
common law of public nuisance can be used or abused, and the wider issue of
civil orders as an easier (but potentially rights-eroding) substitute for criminal law.
Whilst this phenomenon is familiar from discussions regarding ASBOs, it is also
represented by the less well-known and, arguably, even more problematic use of
PNIs. Therefore, the first section of this article attempts to shed some light on
the PNI 15 which has, according to the Government, several advantages for local
authorities in their battle to combat anti-social behaviour—over and above that
of the ASBO. 16 This article goes on to question the extent to which the civil law
should be utilised to provide a remedy for behaviour that Parliament has already
deemed criminal. Lastly, the utility of the PNI is assessed as it resides within today’s
extremely complex multi-agency arena and a policy framework that is supposedly
geared towards achieving a coordinated and coherent approach.
The public nuisance injunction
The purpose of this article is not to present a detailed account of the development
of the criminal law on public nuisance because this has already been done, 17
although, as indicated above, it would be wrong to say that this area of law is
‘‘well trodden’’ ground. Indeed, this is an area of law that has been neglected
in contemporary discussions on sex worker control; therefore this section of the
article briefly outlines how the civil injunction came to provide a remedy to prevent
criminal activity regardless of the fact that the behaviour committed may already be
13 N. Addison and T. Lawson-Cruttenden, ‘‘Law and Disorder’’, Police Review, February
12, 1999, p.16.
14 See http://www.respect.gov.uk/members/article.aspxid=7942 [Accessed February 19, 2008].
15 Birmingham City Council’s Legal Team recognises that very ‘‘little is known’’ about the
PNI: Birmingham City Council, Legal Services Briefing Note, Crime and Disorder: Anti-Social
Behaviour (January 2003), para.4.10. Other commentators such as Addison refer to the
‘‘ancient’’ law on public nuisance, see N. Addison, ‘‘Public Nuisances’’, Police Review, April
17, 1998, p.22.
16 http://www.respect.gov.uk/members/article.aspxid=7938 [Accessed March 5, 2008].
17 See J.R. Spencer, ‘‘Public Nuisance - A Critical Examination’’ (1989) 48 C.L.J. 55 for
a detailed historical account.
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