QUEEN'S BENCH DIVISION
DIVISIONAL COURT
Strand London WC2 |
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B e f o r e :
MR JUSTICE OPENSHAW
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DIRECTOR OF PUBLIC PROSECUTIONS | (DEFENDANT) |
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MR T MORAN (instructed by the Crown Prosecution Service) appeared on behalf of the DEFENDANT
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Crown Copyright ©
(1) Must the prosecuting authority prove formally that an Anti-Social Behaviour Order has been made in respect of the persons before the court? To which the answer, in my judgment, is "Yes".(2) If the answer to question (1) is yes, whether the Anti-Social Behaviour Order requires proof by evidence showing --
(i) that an Anti-Social Behaviour Order was made.(ii) that the person named in the order is the same as the person brought before the court.Again, the answer to both parts of that question is "Yes".
(3) Whether, on the evidence before the court, the Justices could properly conclude that the defendant was prohibited from engaging in the conduct complained of. The answer, in my judgment, is "No".