ASBO effectiveness has also been questioned. In a House of Commons reply it was stated that 53.7% of ASBOs were breached in England in 2005; 69.4% in 2006; 70.3% in 2007. In large cities rates could be higher: the breach rate in Manchester reached 90.2% in 2007. This level of breaching raises an interesting issue. The first test to justify the issuing of an ASBO was that ASB had been proved to the criminal standard. The second test was that the order was necessary to prevent future acts of ASB and provide protection to the victim. However the criminal standard was not applied to the second test. Indeed, Lord Steyn (House of Lords in "R (on the application of McCann) v. Manchester Crown Court" 1 AC 787,812, para 37) said