M v Director of Public Prosecutions

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MR R THOMAS (instructed by Aston Clark Solicitors, London W3 9BY) appeared on behalf of the CLAIMANT MR R MEIKLI (instructed by the CPS, London EC4) appeared on behalf of the DEFENDANT ____________________

MR JUSTICE GROSS: The appellant appeals by way of case stated against the decision of the Ealing Local Area Justices sitting at Acton Youth Court, on 11 October 2006, to impose an anti-social behaviour order (an ASBO) on him following his conviction for possession of cannabis.

The appellant, aged 17, had entered a guilty plea to a single charge in that regard on 29 August 2006. The application for an ASBO was foreshadowed on that occasion and dealt with at the sentencing hearing on 11 October. Between the two hearings, on 11 September 2006, the respondent served on the appellant's legal representatives hearsay evidence upon which the respondent intended to rely in support of the ASBO application. However, no hearsay notice was ever served.

Clause 1, or prohibition 1, of the ASBO, prohibited the appellant from entering a particular estate as marked on an attached map. If, and in so far as the ASBO as such survives scrutiny, then no complaint is made as to the prohibition contained in clause 1. I need, therefore, say nothing further about that clause as such. Clause 2 of the ASBO provided as follows: