Commission to Appear in Anti-Social Behaviour Order Case

The Irish Human Rights and Equality Commission (‘the Commission’) has been granted leave by the Court of Appeal to exercise its Amicus Curiae (‘friend of the court’) function, in an important case relating to anti-social behaviour orders.

The case centres on the operation of Part 11 of the Criminal Justice Act 2006, which allows for the making of civil orders restraining anti-social behaviour. A breach of a civil order made under Part 11 of the Criminal Justice Act 2006, is a criminal offence.

In this case, an anti-social behaviour order was made against an individual who was later convicted for breaching an anti-social behaviour order on two occasions. The case raises important human rights concerns, including in particular the right to freedom of expression, the right to trial in due course of law and the right to equality before the law.

The High Court quashed the anti-social behaviour order made against the individual under section 115 of the Criminal Justice Act 2006.

As Amicus Curiae, the Commission will now impartially assist the Court of Appeal as it considers this case.

Sinéad Gibney, Chief Commissioner of the Commission stated:

“As this case will consider the operation of anti-social behaviour orders in Ireland, the outcome of this case is likely to have a significant impact. We look forward to assisting the Court in relation to the human rights issues involved.”


For further information, please contact:

Sarah Clarkin, IHREC Communications Manager,

01 8592641 / 087 4687760

Follow us on twitter @_IHREC

The Irish Human Rights and Equality Commission is an independent public body, appointed by the President and directly accountable to the Oireachtas. The Commission has a statutory remit set out under the Irish Human Rights and Equality Commission Act (2014) to protect and promote human rights and equality in Ireland, and build a culture of respect for human rights, equality and intercultural understanding in the State.

The Irish Human Rights and Equality Commission is Ireland’s national human rights institution and is recognised as such by the United Nations. The Commission is also Ireland’s national equality body for the purpose of a range of EU anti-discrimination measures.