Source: All England Reporter
Publisher Citation: [2006] All ER (D) 41 (Apr)
Neutral Citation: [2006] EWHC 728 (Admin)
Court: Queen's Bench Division (Divisional Court)
Judge:

Richards LJ and David Clarke J

Representation Charles Garside QC (instructed by the Crown Prosecution Service, Manchester) for the prosecution.
  Adam Fullwood (instructed by Kaufman and Co, Manchester) for the respondent.
Judgment Dates: 5 April 2006

Catchwords

Magistrates - Proceedings - Anti-social behaviour order - Order containing provision 'not to act in an anti-social manner' - Respondent committing criminal offence - Prosecution submitting commission of offence constituting breach of ASBO - Judge determining ASBO invalid and unenforceable - Whether order valid on its face - Whether challenge to ASBO to be by way of appeal - Crime and Disorder Act 1998.

The Case

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