Thomas, R v

An anti-social behaviour order suspended until a prisoner’s release is not inherently wrong in principle. Its necessity must nevertheless be assessed in the circumstances at the time of sentence.

Where a defendant receives a substantial custodial sentence and will remain subject to licence conditions after release, circumstances demonstrating a need for a further anti-social behaviour order are likely to be limited. An order should not extend well beyond the licence period on speculation about the defendant’s future circumstances.

The appellant was convicted at Birmingham Crown Court of robbery and pleaded guilty to possessing a class A drug with intent to supply, dangerous driving, driving without a licence and driving without insurance. He received a total sentence of eight years and six months’ imprisonment.

The Recorder also made a 10-year anti-social behaviour order, suspended until the appellant’s release. The order imposed geographical and association restrictions intended to prevent involvement with criminal street gangs.

Leave to appeal was limited to whether the order should have been made and, if so, its duration. No challenge was pursued to the custodial sentence.

1. Appeal allowed to the limited extent sought. The 10-year anti-social behaviour order was quashed. The custodial sentences were not challenged and remained unaffected.

2. An anti-social behaviour order suspended until release from custody is not necessarily wrong in every case. Its making depends upon a demonstrated necessity in the circumstances of the particular offender.

3. The court applied the observation of Henriques J in Shane Tony P [2004] 2 Cr.App.R (S) 63. Where a custodial sentence exceeds a few months and the offender will be released on licence, circumstances demonstrating a need for an anti-social behaviour order are likely to be limited.

4. The appellant would remain on licence for at least four years and three months after release. His circumstances at the end of that substantial period could not be known. The order would otherwise restrict him until he was 36. In light of the lengthy licence period, there was no necessity for a further anti-social behaviour order.

• Court of Appeal (Criminal Division): Allowed the sentence appeal insofar as it challenged the anti-social behaviour order, and quashed that order: [2008] EWCA Crim 2151.

• Crown Court at Birmingham: Following conviction for robbery and guilty pleas to the remaining offences, imposed a total sentence of eight years and six months’ imprisonment and a 10-year anti-social behaviour order suspended until release.