The defendant appealed a conviction for breaching an anti-social behaviour order. The order had prohibited him from committing any criminal act. It was now challenged as being too wide a prohibition.
Held: ‘The defendant had already been placed under five carefully tailored restrictions, which were appropriate to combat the kind of anti-social nuisance he had become, and I am not surprised Chorley Magistrates considered that they were necessary as well. If it were also thought necessary and desirable to restrain him also from stealing in the light of the three scheduled acts of theft, then, in my judgment, inclusion of a provision of that kind might not have been inappropriate. But a general prohibition on committing criminal offences was far too widely drawn. At his age, he might well not know what was a criminal offence and what was not. ‘ It was open to the District Judge to hold the order invalid and too wide.
Citations:
[2005] EWHC 1333 (Admin), Times 20-Jun-2005
Links:
Statutes:
Crime and Disorder Act 1998 1(1)
Jurisdiction:
England and Wales
Citing:
Cited – Regina v Parkin (Shane Tony) CACD 3-Feb-2004
The defendant had admitted assault with intent to rob, four attempted robberies, and four false imprisonments. He appealed his sentence of four years detention in a Young Offenders Institution to be followed by a two year anti-social behaviour order . .
Cited – B v Chief Constable of Avon and Somerset Constabulary QBD 5-Apr-2000
The defendant appealed the making of a sex offender order under 1998 Act. The justices had found that the defendant was a sex offender within section 2(1)(a) and that he had acted on a number of occasions in a way which brought him within section . .
Cited – Boddington v British Transport Police HL 2-Apr-1998
The defendant had been convicted, under regulations made under the Act, of smoking in a railway carriage. He sought to challenge the validity of the regulations themselves. He wanted to argue that the power to ban smoking on carriages did not . .
See Also – W, Regina (on the Application Of) v Director of Public Prosecutions CA 8-Jun-2005
Breach of anti-social behaviour order order not to commit any criminal offence. . .
Cited by:
Cited – Crown Prosecution Service v T Admn 5-Apr-2006
The prosecutor appealed after the district judge had at first granted an anti-social behaviour order, but had later thought it too wide and that it was unenforceable and void.
Held: the district judge had exceeded his powers. There were . .
Lists of cited by and citing cases may be incomplete.
Crime
Updated: 20 December 2022; Ref: scu.228221