Crosspost fwd: those wayward negs

Laurence Horn laurence.horn at YALE.EDU
Wed Jun 8 14:58:51 UTC 2005


[an "Asbo" or "ASBO" is evidently a Anti-Social Behaviour Order; cf.
http://www.homeoffice.gov.uk/docs/asbocont.html#Preface.]

--- begin forwarded text

Date:         Wed, 8 Jun 2005 11:21:12 +0100
Reply-To: Rowin Young <rowin.young at STRATH.AC.UK>
Sender: The discussion list for Language and the Law
<FORENSIC-LINGUISTICS at JISCMAIL.AC.UK>
From: Rowin Young <rowin.young at STRATH.AC.UK>

From 'Funny Old World', Private Eye, 27 May 2005

"My client admits that he was drunk when he created a disturbance at
Weymouth Bay Caravan Park," defending solicitor Roger Maxwell told
Weymouth Magistrates Court.  "He admits that he used threatening
words and behaviour, he admits to shouting and banging on caravan
doors, and he admits to swearing at the police when they handcuffed
him.  It is also true that he is already the subject of a two-year
anti-social behaviour order.  But in mitigation, I should point out
that, due to an administrative error, the wording on the Asbo
specifically states that he is 'prohibited from not being drunk in a
public place'."

After consultation with his fellow magistrates, Chairman of the bench
Colin Weston passed judgement on thirty-eight-year-old Stephen
Winstone.  "It is fortunate for you that the Asbo has been badly
written, because otherwise we would have been looking to sentence you
to prison for up to a couple of years.  However, you were technically
fulfilling the terms of your Asbo by being drunk in public, so the
court will show leniency to you.  You are fined £100."  (Dorset Echo,
17/3/05.  Spotter: Sue Webb).

Dr Rowin Young
Alexander Turnbull Building
University of Strathclyde
155 George Street
Glasgow G1 1RD

--- end forwarded text

The real question is whether such an order can be used to prosecute
someone found publicly sober...

larry



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