QUEEN'S BENCH DIVISION
London WC2A 2LL
B e f o r e :
MR JUSTICE TOMLINSON
|DANIEL JAMES HERON||Appellant|
|PLYMOUTH CITY COUNCIL||Respondent|
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Mr D Sadler (Solicitor Advocate) (instructed by Plymouth City Council) appeared on behalf of the Respondent
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"Not to have with him or carry any packaged, wrapped, bagged new or unused goods or objects not belonging to him, except food in any public place without a valid receipt or the consent of the owner of the packaged, wrapped, bagged, new or unused goods or objects in Plymouth as marked in red on Map 2."
I have sought to explain what it means now that I have had the assistance by way of submission of Mr Sadler. I have to confess, until I had such assistance I did not know what on earth it meant. To one who does not claim to be a particularly frequent reader of the terms of ASBOs, it has an unpromising beginning if I cannot understand it. Whether Mr Heron could understand it or not remains not so much a matter of speculation as certainty. It offends, in my view, the need to keep the terms of an ASBO, of which, after all, the consequences of a breach could be imprisonment for as long as five years, as simple and as clear as possible. I do understand what it is getting at: it is all too easy apparently for this appellant to continue to steal without any apparent means of being successfully stopped. But, as I have said, in my view it offends the principles I have already identified, and I would, for my part, therefore strike it out.