The Magistrate's Blog (2005-2012)

This blog has migrated to www.magistratesblog.blogspot.co.uk This blog is anonymous, and Bystander's views are his and his alone. Where his views differ from the letter of the law, he will enforce the letter of the law because that is what he has sworn to do. If you think that you can identify a particular case from one of the posts you are wrong. Enough facts are changed to preserve the truth of the tale but to disguise its exact source.

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Location: Near London, United Kingdom

The blog is written by a retired JP, with over 30 years' experience on the Bench.

Saturday, February 13, 2010

Back To The Drawing Board?

I have borrowed this from the excellent Criminal Solicitor dot net site; it deals with an ASBO that appears to have been less than totally successful in bringing an offender to heel:-

Heron v Plymouth City Council [2009]

This was an appeal by way of case stated against the decision of the Magistrates' Court, who, on the City Council's application, allowed an application to vary an anti-social behaviour order that had originally been imposed on the appellant. It was apparent that the original ASBO was not successful. He had been convicted of eight offences of theft from shops since the original ASBO; an offence of theft of a car; an offence of affray; one offence of causing harassment, alarm or distress; four offences of breaching the original ASBO; an offence of actual bodily harm; two offences of failing to comply with a football banning order; one offence of possessing heroin; and one offence of driving whilst disqualified. In addition, there were a number of allegations made against him, which, as Mr James on his behalf points out, had not been proved. "If this appellant goes on behaving in this way he is likely to end up not back merely before a court seeking to impose a variation, but imprisoned for a very long time. Plymouth City Council's patience and attempts to avoid that result can only be commended"

gives the full judgment.