QUEEN'S BENCH DIVISION
London WC2A 2LL
B e f o r e :
(Vice President of the Court of Appeal, Criminal Division)
MR JUSTICE FIELD
|DIRECTOR OF PUBLIC PROSECUTIONS||(DEFENDANT)|
Smith Bernal Wordwave Limited
190 Fleet Street London EC4A 2AG
Tel No: 020 7404 1400 Fax No: 020 7831 8838
(Official Shorthand Writers to the Court)
MR R WITHEY (instructed by CPS, Southampton) appeared on behalf of the DEFENDANT
Crown Copyright ©
"Was the Crown Court correct to find that breach of a condition in an Interim ASBO which was not replicated in the final order, was as serious as a breach of term which was [the case wrongly says not] repeated in the final order?"
It seems to me that the question might perhaps more happily been phrased: "Was it capable of being as serious as a breach of a term not replicated in the final order?"
"(2) If, before determining an application to which this section applies, the court considers that it is just to make an order under this section pending the determination of that application ('the main application'), it may make such an order."
Subsection (5) provides:
"Subsections (6), (8) and (10) to (12) of section 1 apply for the purposes of the making and effect of orders under this section as they apply for the purposes of the making and effect of anti-social behaviour orders."
Section 1 subsection (10), which is the subsection presently material, provides:
"If without reasonable excuse a person does anything which he is prohibited from doing by an anti-social behaviour order, he shall be liable -
(a) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both; or
(b) on conviction on indictment, to imprisonment for a term not exceeding five years or to a fine, or both."
"The prohibitions that may be imposed by an anti-social behaviour order are those necessary for the purpose of protecting persons from further anti-social acts by the defendant"
- persons in the relevant area.