Page 322 - 6. 2016 Diary 1st half New 26-05-21 No Table

without consent offences), what does this order add? We would also have preferred some
geographical limit.
The final order prohibited the appellant from:
Being in the company of Jason Arnold, Richard Ashman, Corrine Barlow, Mark Bicknell,
Joseph (Joe) Burford, Sean Condon, Alan Dawkins, Simon Lee, Daniel (Danny) Malcolm,
Michael March, or Nathan Threshie.
The respondent submits:
“This prohibition seems to be based on the assertion in PC Woods’ document that the
appellant is associating with other criminals who were also nominated as persistent prolific
offenders. The appellant admitted that the
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Simon Cordell’s Skeleton Argument (2) Pdf
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R. v DEAN BONES AND OTHERS
offending spree which recently brought him before the court was the result of being contacted
by an old friend. It is submitted that care has been taken to identify the individuals with
whom the appellant is not to associate.”
- The respondent, however, has doubts whether a prohibition that prevents the appellant
from associating with any of the named individuals for five years after his release, even in a
private residence where one or more resides, is disproportionate to the risk of anti-social
behaviour it is designed to prevent. We share those doubts.
Bebbington and others— the ASBOs
- We have no doubt that in respect of all the appellants, other than Schofield and Bruce,
it was not “necessary” to make any ASBO, given their antecedent history, reports, and
references.
- Counsel on behalf of Schofield attacked the judge's findings of fact. The judge
conducted the trial and was in the best position to decide upon Schofield’s role.
- For Scofield and Bruce, given their history and the judge’s findings, an order could
properly have been made to prevent a repetition of the disgraceful conduct of that night. The
judge was entitled, absent any special circumstances, to make only one of the orders, namely:
On any day that Chester City AFC play at a regulated football match at the Deva Stadium
during the period commencing three hours prior to kick off and ending six hours after kick-
off, enter any area inside the shaded boundary as defined in the attached map.
- We amend the ASBO made in respect of Bruce by quashing the other orders and
confirming this part only of the original order. In so far as Schofield is concerned, he will be
living and working within the exclusion zone, so the order made is inappropriate. In his case
the order will read:
On any day that Chester City AFC play at a regulated football match at the Deva Stadium
during the period commencing three hours prior to kick off and ending six hours after kick-
off, enter any area which is within 100 yards of the main entrance to Chester Station except
for the purposes of his work with the Royal Mail.
- As the trouble that arose in this case did so on a day when Wrexham AFC was
playing away and the club’s supporters were returning home via Chester railway station there
will be in the case of both Bruce and Schofield an additional term in the ASBO as follows.
- In the case of Bruce:
On any day that Wrexham Town AFC play a regulated football match away from their home
stadium during the period commencing three hours prior to kick off and ending six hours
after kicking off, enter any area inside the shaded boundary as defined in the attached map.
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