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COURT OF APPEAL (Lord Justice Hooper, Mr Justice Roderick Evans, and Mr Justice
Pitchers): October 14, 2005
[2005] EWCA Crim 2395; [2006] I Cr. App. R. (S.) 120
Anti-social behaviour orders; Sentencing guidelines
Crime and Disorder Act 1998, S. 1 C—antisocial behaviour order on conviction—general
considerations
H2 Observations on the considerations which are relevant to the making of orders under the
Crime and Disorder Act 1998, s. 1C.
H3 Bones: the appellant pleaded guilty to one count of burglary of a dwelling and
one of handling stolen goods. The appellant and another person entered an unoccupied house
and stole items to the value of £4,800. Following another burglary, the next day, a search of
the appellant’s home resulted in the discovery of property stolen in that burglary. The
appellant had six previous appearances for offences involving vehicle crime, attempted
burglary, violence, handling stolen goods and using threatening behaviour. He was subject to
two community orders at the time of the offences. Sentenced to three years’ detention in a
young offender institution, and subjected to an order under the Crime and Disorder Act 1998,
S.1 for a period of five years’ prohibiting him from entering any public car park within a
specified area except in the course of lawful employment, entering any land or building on
land which formed part of educational premises except as an enrolled pupil, wearing or
having with him in any public place anything which covered or could be used to cover the
face or part the face, having with him in a public place any item which could be used in the
commission of a burglary or theft from vehicles except one door or bicycle lock key, having
possession of any article or carried in public any vehicle that could be used as a weapon,
remaining on any shop, commercial or hospital premises if asked to leave by staff or entering
any premises from which he was barred, entering any private land adjoining any dwelling
premises or commercial premises outside the opening hours of those premises without
express permission, touching or entering any unattended vehicle without the express
permission of the owner, acting or inciting others to act in an anti-social manner,
congregating in
PART 5 © SWEET & MAXWELL
54,
Simon Cordell’s Skeleton Argument (2) Pdf
Page: 302
R. v DEAN BONES AND OTHERS
groups in a manner causing or likely to cause any person to fear for their safety or
congregating in groups of more than six persons in an outdoor public place, doing anything
which might cause damage, not being anywhere but his home address or at an alternative
address agreed in advance between the hours of 23.30 and 07.00, being carried on any vehicle
other than a vehicle in lawful use, and being in company with 12 named individuals. The
order was to run for five years from the appellant’s release from custody.
H4 Bebbington and others: nine appellants pleaded guilty and one was convicted of affray or,
in the case of Bebbington, threatening behaviour. The appellants with others were supporters
of Chester City EC. They were drinking in a public house in Chester when a group of
supporters of Wrexham EC. arrived at Chester station on their way home from a match. The
appellants were warned by police not to leave the public house. The appellants did leave the
public house and a confrontation occurred between them and the Wrexham supporters. The
confrontation involved the singing of loud and abusive songs and threats of violence.
Sentenced (except in the case of the appellant Bebbington) to custodial sentences of between
four months and two years’ imprisonment, with an order under the Crime and Disorder Act
1998 S.1C prohibiting the defendant from entering any premises for the purpose of attending