Source: All England Reporter
Publisher Citation: [2005] All ER (D) 94 (Oct)
Court: Queen's Bench Division (Divisional Court)
Judge:

Scott Baker LJ and Owen J
Representation Stephen Simblet (instructed by Jonas Roy Bloom, Birmingham) for the claimant.
  The defendant did not appear and was not represented.
Judgment Dates: 11 October 2005

Catchwords

Magistrates - Proceedings - Anti-social behaviour order - Order prohibiting defendant pleading guilty to theft from entering retail outlets in city centre - No evidence defendant's behaviour causing harassment alarm or distress to persons working in retail outfits - Whether court justified in making order - Crime and Disorder Act 1998, s 1C(2).

The Case

In quashing an anti-social behaviour order on the basis that no person was likely to be caused harassment, alarm or distress from the claimant's act, the court commented that it was unhelpful if the Crown Prosecution Service sought to have an anti-social behaviour order made, and applied to the court for such an order, but then when such an order was made and judicial review sought, to take no steps to assist in the High Court in the proceedings.

Practice Areas

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