Asbo law faces court challenge


    T

    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
    order.



    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
    contrary.



    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
    present.



    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
    family.



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

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