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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70715
Experience:  Over 5 years in practice
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My nephews ASBO ended on 6/815, he has just received a letter

Customer Question

My nephews ASBO ended on 6/815, he has just received a letter to attend court on the 1/12/15 for an alleged incident on 05/06/15. Can this be done?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hello what was the alleged incident?
Customer: replied 2 years ago.
causing distress etc and riding an off road bike in the street
Expert:  Jo C. replied 2 years ago.
What is the charge?
Customer: replied 2 years ago.
The charge is " causing harrassment, alarm and distress by revving the engine and riding the bike on the street, which you were prohibited from doing by an anti-social behaviour order made on the 06/08/13".
Customer: replied 2 years ago.
He was contacted by the police and asked to give a voluntary statement which he did, no further action was taken.
Expert:  Jo C. replied 2 years ago.
Was this during the date of the order?
Customer: replied 2 years ago.
Yes it was
Expert:  Jo C. replied 2 years ago.
Ok. And I presume the order contains a condition not to cause harassment, alarm or distress?
Customer: replied 2 years ago.
yes it did
Expert:  Jo C. replied 2 years ago.
The trouble with this is that it can only be tried by Magistrates and they are not known for being fair minded.I must admit that I do not think that revving an engine alone causes harassment, alarm or distress. It is just being inconsiderate. It is not targetted at anybody. However, probably Magistrates would take the view that it does.However, whether the order has ended or not this behaviour was during the term of it and they can prosecute.Can I clarify anything for you?Jo
Jo C. and other Law Specialists are ready to help you
Customer: replied 2 years ago.
No, that's fine. Thank you for your time
Expert:  Jo C. replied 2 years ago.
No problem.
All the best.