Our Client, Mr P had pleaded guilty to 4 separate counts of criminal damage on the railway. He was said to be part of a graffiti gang responsible for over £30,000 of damage to overground and underground trains and had committed two further acts of graffiti whilst on bail for these matters. He was sentenced to a suspended sentence of imprisonment and was able to continue his studies.
The Prosecution applied for a post-conviction Anti-Social Behaviour Order preventing him from entering any railway sidings or being in possession of a long list of items including paint, shoe polish and permanent ink. Were this order imposed, any breach of it could result in up to 5 years imprisonment.
Mr P was represented by our solicitor advocate Thomas Garner. He argued against the ASBO on the basis that the graffiti in this case was not in fact 'anti-social behaviour' as there was no evidence that a member of the public had in fact seen it. The Crown were forced to concede this point and were unable to continue with their application. The Judge refused their order.
This was a good example of the need to rigorously contest any such applications which are becoming more and more commonplace. ASBOs can have extremely serious consequences and, as this case demonstrated, should not simply be 'rubber-stamped' by the Court.
