ANTI-SOCIAL BEHAVIOUR ORDERS

(i) The terms of any prohibition in an anti-social behaviour order (ASBO) must be precise, clear and certain, and no wider than necessary. Where a clause is too broad, it cannot stand.

(ii) It is wrong to regard the requirements of the Magistrates’ Courts (Hearsay Evidence in Civil Proceedings) Rules 1999 (SI 1999/681) as mere formalities.

However, where the substance of the evidence has been provided to the defendant’s solicitors in sufficient time before the hearing, and there is no prejudice to the defendant, it is open to the justices to hold that it is not in the interests of justice for there to be an adjournment for the serving of a formal notice.