Asbo law faces court challenge


he legality of antisocial behaviour legislation was tested in the
High Court this week in two separate legal challenges.

Ashley Lonergan from Brighton brought a judicial review against a
curfew imposed on him as part of a two-year antisocial behaviour

The 19-year-old was given the Asbo, under which he is confined to
four addresses between 11.30pm and 6am, following car crime and
motoring offences.

But Lonergan’s lawyers argued that imposing curfews on people
issued with Asbos was unlawful – in the face of  Home Office guidance to the

The High Court heard that Brighton Council was unlikely to fight
the case, which was adjourned for 14 days to allow lawyers
representing the director of public prosecutions to be

However, a separate challenge from Carl Wareham, of Dorset, was
dismissed. Wareham, also 19, argued that his Asbo for being abusive
and threatening to local residents was unlawful because he was not
invited to consultations about him that took place between various
authorities including the police.

Oliver White, Wareham’s barrister, said Wareham had been
denied his right to a fair hearing and his right to respect for
family, home and private life. Under the Asbo, Wareham is banned
for five years from the village where he lives with his

Judges promised to give their reasons for dismissing the case at a
later date.

More from Community Care

Comments are closed.