Gowan, R. v

A sentencing court has no power under Crime and Disorder Act 1998, section 1C(2), to impose an anti-social behaviour order to protect a spouse who is, and is expected to remain, a member of the offender’s household. The statutory condition requires anti-social conduct causing, or likely to cause, harassment, alarm or distress to persons not of the offender’s household. A protective purpose and the apparent risk to the spouse cannot overcome that express limit on the court’s power.

The applicant pleaded guilty in the Crown Court at Merthyr Tydfil to threatening to kill, dangerous driving and associated driving and drug offences. He received a sentence of imprisonment for public protection and concurrent sentences for the other offences.

The sentencing judge also made an anti-social behaviour order preventing contact with the applicant’s wife and attendance near her home. The wife had resumed contact with him and wished to continue visits while he was in custody. The appeal concerned only whether the judge had power to impose that order.

1. Appeal allowed. The anti-social behaviour order was quashed. The court granted leave to appeal against sentence.
2. Under section 1C(2) of the Crime and Disorder Act 1998, an order may be made only where the offender has acted anti-socially in a manner causing, or likely to cause, harassment, alarm or distress to persons who are not of the same household as the offender, and an order is necessary for protection from further anti-social acts.
3. The relevant conduct was directed at the applicant’s wife. She was a member of his household and intended to resume cohabitation after his release. Her vulnerability and the judge’s understandable wish to protect her could not satisfy the express same-household limitation. The sentencing judge therefore had no statutory power to make an order prohibiting contact with her.
4. The court also clarified that the 18-month minimum term for the sentence of imprisonment for public protection was to be reduced by the 67 days spent on remand, in accordance with the guidance in R v Gordon & Ors [2007] EWCA Crim 165. The applicant would remain subject to licence on release and liable to recall if he reoffended.

• Court of Appeal (Criminal Division) — granted leave and allowed the appeal against sentence, quashing the anti-social behaviour order.
• Crown Court at Merthyr Tydfil — on 1 December 2006, imposed a sentence of imprisonment for public protection and made an anti-social behaviour order under Crime and Disorder Act 1998, section 1C. No citation was stated.