ASBO prohibitions and young people - Hills v Chief Constable of Essex Police [2007] CFLQ 374

Taking the six terms of schoolboy Joseph Hills' Anti-Social Behaviour Order (ASBO) as its starting point, this commentary examines three general principles which the courts have said apply to the drafting of ASBO prohibitions and two broad categories of ASBO prohibitions - those which prohibit behaviour that constitutes a criminal offence and those which impose so-called preventive prohibitions. It expresses doubt about all six terms of Hills' ASBO, and argues that the case illustrates fundamental problems, stemming from the disparity between the ASBO's original design and how it is currently being used, with the drafting of ASBO prohibitions.