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Imposition of Anti Social Behaviour Orders – Section 39 CYPA 1933 order lifted

White brothers, Weston super Mare

Ben White, 17 and Robert, 15, described as “notorious tearaways” had ASBOs renewed in March 2002.  The orders prevented them from entering the centre and surrounding trading estates of Weston-super-Mare without a social worker, and forbade them from causing harassment, alarm or distress to anyone in North Somerset.

The Council, who supported the Bristol Evening Post and the Weston and Somerset Mercury’s applications not to impose a name ban, said that traders should be made aware of the boys’ identities so there was pressure on them to behave.

The boys were alleged to have used threatening and intimidating.

Danny Hewitt

From the age of 7 to 12 Danny Hewitt terrorised the housing estate where he lived in Plymouth.  He set fire to vehicles, damaged property, used insulting and abusive behaviour, and threw stones.  The Plymouth Evening Herald sought to identify him after a judge imposed an anti-social behaviour order when he was 12; he became one of the youngest on whom an ASBO had been imposed.

District Judge Philip Wassell accepted that Hewitt had “run amok and terrorised right thinking members of society”.  These were factors in favour of lifting the anonymity order and which outweighed the presumption of anonymity.

The district judge also said that it was essential for the police that if there was any further anti-social behaviour in the area that members of the public know that an order has been made and on whom – reports could then be made to the police.

We were successful ...

... in challenging a S39 Order on a 13 year old who was made the subject of an ASBO for almost 5 years. Rumour has it that the defendant was represented by a QC and only agreed to the imposition of an ASBO after some evidence was given and only then without admitting the alleged behaviour.

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