DUI5 Years in Jail if Found Drunk
Jul 7 2004
Daily Post
A MAN has been warned he could face five years in prison if he is ever found drunk in a public place.
Philip Lester was issued with one of the first Criminal Anti-Social Behaviour Orders (CRASBO) by magistrates in St Helens.
This order states that Lester, 51, cannot consume, or be under the influence of alcohol. Neither can he use threatening, abusive or insulting language, or behaviour, in any public place in Merseyside. This will be intact for a period of two years.
Lester, of Princes Road, Toxteth, has committed 35 drunk and disorderly offences in St Helens town centre and surrounding area in the last four years.
Iain Criddle, a specialist anti-social behaviour prosecutor, is the man responsible for securing this order.
Mr Criddle said: "I am certain we will be able to help communities affected by anti-social behaviour in future."
Mike Doyle, executive member for community safety said: "We will do everything we can to ensure people are safe when they visit St Helens town centre."
Peter Costello, the town centre inspector added: "Alcohol-related incidents and anti-social behaviour have been identified as priorities, by members of the residential and business community in the town centre.
"This is an excellent result, and we will continue to secure further orders against those people who continually engage in anti-social and disruptive behaviour affecting the lives of people in St Helens."
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Drunk Banned From City in Landmark Case
July 6, 2004 12:38
A DRUNK who regularly shouts and swears at people in Norwich city centre has been banned from his regular haunts in a landmark legal case.
Robert Innes, 49, who has 53 convictions for 85 offences, becomes one of the first people in Norwich to be made the subject of a new style of anti-social behaviour order (ASBO).
Police have been given greater powers by the Government to flex their legal muscles by attaching ASBOs to criminal convictions. Up to now they have tended to be used in civil cases to crackdown on unruly behaviour by young troublemakers.
Officers today said they would have no hesitation in applying for other orders in a bid to rid Norwich's streets of drunks and troublemakers.
Innes, of Wellington Green, Norwich, admitted three charges of disorderly conduct and breaching a conditional discharge imposed for a similar offence.
Yesterday, city magistrates banned Innes from a number of areas between noon and 6am every day.
The court heard that he helped market traders set up their stalls and ran errands for them. He was not a nuisance until the afternoons, after he had been drinking.
Chairman Mike Welham told Innes: "In reaching our decision we decided that you have behaved in an anti-social manner and that has been ongoing.
"The cases before us and your antecedents involve behaviour representing a trend which is unacceptable."
As well as the ban from certain areas, Innes is also prohibited from behaving in a threatening or abusive fashion. Breaching the order would mean him facing a jail sentence of up to five years.
PC Richard Hammond dealt with Innes on a number of occasions and had looked into his offending record.
"He has frequently been drunk and swearing in particular areas. He has what the officer described as a prolific pattern of offending in the city centre, the majority of those offences being public order orientated."
Patricia Newton, prosecuting, said that on June 4, Innes was given a six-month conditional discharge.
Four days later he committed the first of the offences for which he was before the court.
That afternoon a member of the public pointed him out to police in Gentleman's Walk. He was swearing repeatedly.
Innes clenched his fists and was shouting and swearing, despite being told to calm down.
On the afternoon of June 14, he was again shouting and swearing in front of shoppers in Gentleman's Walk.
The next evening police were called to a disturbance in Haymarket. They found Innes, who had clearly been drinking, being abusive. He was told to stop, but continued swearing and clenched his fists. He had to be prevented from moving towards a group of youths.
During the proceedings, Innes had broken bail conditions banning him from the area and he was remanded in custody on June 16.
Gavin Cowe, for Innes, said: "He cannot recall the circumstances in any detail of any of the offences.
"He has a problem with drink and at times when he has been drinking behaves in this way."
In the mornings he went to the market, helping traders set up their stalls and running errands for them. His offending did not start until later, after he had been drinking.
Norwich City Centre Inspector Brian Pincher said: "We've had a central problem with individuals who either persistently get drunk or who are under the influence of drugs who congregate on the city centre locations and act in an inappropriate manner.
"Police, for a number of years, have arrested these individuals for disorderly behaviour and drunkenness and they have been placed before the courts, and on the majority of occasions the individuals are fined.
"Recently the Government has passed laws which allow, in certain circumstances, for the court to impose anti-social behaviour orders on offenders – in effect banning them from the areas where their behaviour is affecting others.
"Over the past few weeks my staff have been targeting areas where anti-social gatherings take place and dealing with the offences as they present themselves. Where possible, statements have been obtained from residents and businesses affected by this type of loutish behaviour.
"Some of the offenders have been given strict bail conditions to prevent them from offending in the area prior to their court appearance. However, some people have failed to keep to their conditions, so it's with these type of persons we will be seeking anti-social behaviour orders.
"People who continue with this type of behaviour will be targeted. The effect of an anti-social behaviour order can be far reaching, effectively banning people from areas for a maximum of five years."
In 2001 Norfolk Police were given new powers allowing them to seize alcohol from people drinking outside in the city centre area.
Market traders said Robert Innes was known to them as Scots Robbie and had been hanging around the market for the past five or six years.
Justin Silvester, manager of Joe's Pets, said: "He's a real character. He was up here every morning and was quite harmless until he had a drink. Then he became abusive towards everyone. If I were a mother I wouldn't want my child to hear some of the thing he would say."
Down the aisle at Events card stall, Ronnie McLeish said Mr Innes used to sit right outside his premises.
"All the stallholders know Robbie. He is an alcoholic. As soon as he got a drink in him he was away," he said.
"I have seen his record of previous convictions — it's as long as my arm. When he is sober I have all the time in the world for him. He never turned violent though — he was just verbally abusive to people.
"I don't think we have seen the end of Robbie. The police have tagged him in the past but he just took that off and threw it in the river. He is the kind of man who will go where he wants to."
Carolyn Dunn, city centre manager said: "The police are targeting anti-social behaviour in a major way. We cannot have people visiting the city and being subjected to this nuisance. A lot of instances of anti-social behaviour can be attributed to drink and drugs and these orders are the key to reducing the problem.
"But it is crucial they are enforced by the courts. If they are broken then a sentence needs to be sought. We need to get the message across that we mean business."
