For a person to behave in an anti-social manner, does a potential victim need to be present? Philip Rule reports

A person will not behave in an antisocial manner in the absence of a potential victim according to R (Gosport Borough Council) v Fareham Magistrates' Court [2006] EWHC 3047 (Admin). Amongst other requirements, to obtain an anti-social behaviourial order (ASBO), the person must have acted in a manner 'that caused or was likely to cause harassment, alarm or distress to one or more persons not of the same household as himself'.

The defendant to the ASBO application was a man of good character employed in the defence industry. Despite this, he received remarks of censure for his irresponsible behaviour in riding his jet-ski in Stokes Bay, Gosport, from both the district judge at first instance and in the Administrative Court'...

Jean-Yves Gilg
Solicitors Journal

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