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"GROUPS of youths cannot be dispersed under anti-social behaviour legislation if officers rely solely on past experience of youngsters' activity in issuing the order, the High Court has ruled.
The High Court made the ruling last week after a Met officer used provisions of the Anti-Social Behaviour Act 1997 to prosecute a schoolboy who refused to obey an order to leave a shopping centre. The 17-year-old and other youths were confronted by a beat officer in a shopping centre in Wimbledon, southwest London. The officer issued a directive that they must leave the area on the basis that anti-social behaviour was a persistent problem in the area.
The youth, who cannot be named for legal reasons, was prosecuted at Wimbledon Youth Court last September for failing to comply with the direction. He was sentenced to a 12-month conditional discharge and ordered to pay costs of £50. But this month his conviction was overturned by two High Court judges who said the direction from the officer was not a 'proportionate response'. Overturning the conviction, Lord Justice May warned officers that it was not enough, save in exceptional circumstances, to rely solely on past experience. " [Brief]
