Crown Prosecution Service v T

Crown Prosecution Service v T

The District Judge had no jurisdiction to declare the ASBO provision invalid in breach proceedings; such challenges must be made by appeal or application to vary. However, the prohibition 'not to act in an anti-social manner' was too vague and lacked the clarity required for enforceability, especially against a...

Source-derived case information.

Parties
Appellant: Crown Prosecution Service; Respondent: T
Jurisdiction
England and Wales
Judgment Date
05 April 2006
Procedural Posture
Criminal Appeal / Appeal by Case Stated From Youth Court to High Court
Outcome
appeal allowed in part
Legal Topics
Anti Social Behaviour Orders, Clarity of Court Orders, Jurisdiction of Magistrates' Courts, Breach of Court Orders
Criminal Law Public Law Anti Social Behaviour Orders Clarity of Court Orders Jurisdiction of Magistrates' Courts Breach of Court Orders

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 15 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Crown Prosecution Service

Appellant

T

Respondent

Procedural Posture

Criminal Appeal / Appeal by Case Stated From Youth Court to High Court

Legal Issues

  1. 1 Whether a prohibition in an ASBO 'not to act in an anti-social manner' is invalid and unenforceable for vagueness and lack of clarity
  2. 2 Whether the District Judge had jurisdiction to rule on the validity of the ASBO in breach proceedings

Ratio Decidendi

The District Judge had no jurisdiction to declare the ASBO provision invalid in breach proceedings; such challenges must be made by appeal or application to vary. However, the prohibition 'not to act in an anti-social manner' was too vague and lacked the clarity required for enforceability, especially against a minor. The District Judge should have determined whether there was a breach and, if so, considered penalty, but in the circumstances, no additional penalty was warranted.

Court Disposition

appeal allowed in part

Orders

  • The District Judge's decision to strike down paragraph 1 of the ASBO is overturned.
  • No further penalty or remittal; the substantive concerns about the ASBO's terms are endorsed.