Page 394 - 6. 2016 Diary 1st half New 26-05-21 No Table

- Not to associate with any person or persons while such a person or persons is engaged
in attempting or conspiring to commit any criminal offence in England or Wales. (A similar
result to the above, in that he could be associating with someone who, unknown to him, was
conspiring to commit an offence.)
- Entering any other car park, whether on payment or otherwise, within the counties of
|...]. (This was considered to be too draconian as it would prevent the defendant from
entering, even as a passenger, any car park in a supermarket (R v McGrath [2005] EWCA
Crim 353).)
- Trespassing on any land belonging to any person, whether legal or natural, within
those counties. (As above, in that any wrong turn onto someone else’s property would risk
custody.)
- Having in his possession in any public place any window hammer, screwdriver, torch
or any tool or implement that could be used for the purpose of breaking into motor vehicles.
(Unacceptably wide, as the meaning of any tool or implement’ is impossible to ascertain.)
° Entering any land or building on the land that forms a part of educational premises, except
as an enrolled pupil with the
agreement of the head of the establishment or in the course of lawful employment.
(It was held that the term ‘educational premises’ lacked clarity, for example it could have
included teaching hospitals or premises where night classes were held. Also, there was a
danger that the defendant might unwittingly breach the order if he played on playing fields
associated with educational premises (R v lioness [2005] EWCA 2395).)
- In any public place, wearing, or having with you, anything that covers, or could be
used to cover, the face or part of the face this will include hooded clothing, balaclavas, masks
or anything else that could be used to hide identity. (This was found to be too wide and a
breach could occur by wearing a scarf or carrying a newspaper.)
- Doing anything that may cause damage.
(Far too wide, as it may include the defendant scuffing his shoes.)
- Committing any criminal offence. (Taken with other prohibitions, the divisional court
commented that this was very plainly too wide (R (on application of W) v DPP [2005]
EWHC 1333 (Admin).)
Further examples and consideration of prohibitions made for football-related violence may be
found in the ease of (R v lioness [2005] EWCA 2395).
Duration of an order
The minimum duration of an order is two years, which was set in order to give respite to
communities from anti-social behaviour. There is no maximum period and an order may be
made for an indefinite period. It is for the court to decide the duration of an order, but the
applicant agency should propose a time period as part of its application.
The duration applied for should take into account the age of the recipient, any special
conditions that might affect their behaviour, the severity of his or her anti-social behaviour,
the length of time it has gone on for and the recipient’s response to any previous measures to
deal with the behaviour. A longer order will generally be appropriate in the case of more
serious or persistent anti-social behaviour. Orders issued to children and young people should
be reviewed annually and careful consideration must be given to the case for applying for
such orders to last beyond two years.
159,
Simon Cordell’s Skeleton Argument (2) Pdf
- Applying to the courts
Summons procedure
Magistrates’ court (acting in its civil capacity)