Williams, R. v

An antisocial behaviour order is a protective measure, not a routine element of sentencing. It should not normally be imposed merely to reinforce a driving disqualification by exposing future similar offending to the substantially higher penalty for breach of the order. Under Crime and Disorder Act 1998, the power is exceptional where the offending does not itself involve intimidation, harassment or distress. Exceptional circumstances must justify its protective use.

The appellant had been convicted of serious driving offences while disqualified and over the alcohol limit. He received a community rehabilitation order and a three-year driving disqualification.

After breaches of the rehabilitation order, Lewes Crown Court revoked it and imposed an antisocial behaviour order preventing him from driving or attempting to drive until the expiry of the disqualification. The judge intended the order to reinforce the driving ban, since breach of the order carried a much higher maximum sentence than driving whilst disqualified.

The appeal concerned whether that use of the antisocial behaviour order power was justified in principle and on the facts.

1. Appeal allowed. The court quashed the antisocial behaviour order.
2. Section 1 C of the Crime and Disorder Act 1998 permits an order following a relevant offence where the offender has acted antisocially and the order is necessary to protect persons from further antisocial acts. The power can therefore be available in a driving case where the conduct satisfies those conditions.
3. However, the order is not part of the ordinary sentencing process. The court followed Kirby: an order should not normally be made where its underlying purpose is to give the court greater sentencing powers for future similar offending. That use merely transforms a future driving offence into breach of the order.
4. The court recognised the sentencing judge's understandable concern about the appellant's record and the possible deterrent effect of the order. Those considerations did not amount to exceptional circumstances justifying its use. The order was therefore unwarranted.

• Court of Appeal (Criminal Division)—Allowed the appeal and quashed the antisocial behaviour order.
• Crown Court at Lewes—On 26 October 2004, revoked the community rehabilitation order and imposed an antisocial behaviour order prohibiting driving or attempting to drive until 24 February 2007.