Youth Justice: Court gives legal backing for curfew powers

By , Wednesday 17 May 2006

The Court of Appeal has overturned a ruling that prevented the police using force to remove under-16s from designated dispersal zones when a curfew is operating.

The Anti-social Behaviour Act 2003 gave the police the power to set up dispersal zones, and certain powers that can be exercised within them. The curfew power allows police to remove under-16s from the area between 9pm and 6am, if they are not with an adult.

Last year a young man known as W, backed by human rights organisation Liberty, successfully argued in the High Court that the Act does not give the police the power to use force to back this power.

Last week the Home Office successfully appealed against this decision. The judge ruled that the police could use force to remove young people who were believed to be involved in, or at risk from, antisocial behaviour.

But he added that if a young person does not fit into this category then force cannot be used to remove them. The Home Office welcomed the ruling. Liberty also said it was happy with the decision.

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