A person could not behave in an antisocial manner in the absence of a potential victim.

Mr Justice Bean so held in the Queen’s Bench Division on November 21, 2006, when dismissing an application by Gosport Borough Council for judicial review of the decision of District Judge Woollard in Fareham Magistrates Court on December 16, 2005, to refuse to state a case following an application by the council under section 1(1) of the Crime and Disorder Act 1998 for an antisocial behaviour order against Marek Mamczur.

The interested party, Mr Mamczur, was the owner of a jet ski personal watercraft which he used in Stokes Bay, Gosport.

According to witness statements he was riding his jet ski at a grossly excessive speed and was showing off by circling buoys and riding in the wake of a ferry.

The witness statements did not state that any person was caused harassment, alarm or distress or that there were any swimmers in the water.

The district judge was not satisfied that grounds had been made out for an antisocial behaviour order and said that the behaviour complained of was only likely to be of danger to the defendant himself.

Miss Caroline Bolton for Gosport; the magistrates court and the interested party did not appear and were not represented.

HIS LORDSHIP, dismissing the application, said that he was not satisfied that where it could not be shown that a potential victim was present that section 1(1)(a) of the 1998 Act was made out.

All that had been shown was that the interested party had acted in an irresponsible manner in speeding in the harbour and that that would have caused harassment, alarm or distress to swimmers had any been present.

If the council’s evidence had demonstrated that there was at least one swimmer in the water close to where the defendant was riding his jet ski then the district judge would have been bound to find that the interested party had acted in a manner that caused, or was likely to cause harassment, alarm or distress.

His decision on the merits was one he was entitled to reach.

Solicitors: Miss Linda Edwards, Gosport.

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