Claims she didn’t know about ASBO

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A 33-year-old woman appeared in court for breaching an ASBO order she didn’t know existed until just hours before her arrest.

Tanya Bailey had been given the two year anti-social-behaviour order last November.

It included a condition that she could not be with a group of three or more people where their behaviour caused alarm and distress.

But Bridlington magistrates court heard last Wednesday that Bailey was not in court on November 7 when the order was made and was unaware of its existence or its conditions until hours before she was arrested for breaching it.

Heather Levett, prosecuting said Bailey, who was listed as having no fixed address, was seen on CCTV drinking with friends in the Harbour Tavern, Bridlington on February 3.

“A disturbance broke out involving her and her friends and they were asked to leave but before doing so there was there was another disturbance involving her and a number of people had to intervene,” said Miss Levett.

Outside the pub they were approached by police who asked them to leave the area, which they did. Bailey was later arrested as inquiries proceeded and admitted breaching the ASBO.

Ed Cunnah, mitigating, said she had not received any information about the ASBO until 3pm that afternoon when she was out with some friends and she was told about it by a police officer.

“He did not explain the circumstances or that this condition applied, the ASBO order was just handed to her. She folded it up and put it in her back pocket with the intention of looking at it later,” said Mr Cunnah.

He told the bench that four hours later the same day there was an incident in the pub, Bailey and friends were asked to leave. She was not arrested by police, just asked to leave the area, which they did.

Mr Cunnah expressed surprise that police had been unable to contact Bailey with details of her order between November 7 last year when it was issued and February 3.

“She has been under the probation service and was on benefits so she would have been a regular attender at the Department of Works and Pensions office yet still the police could not find her. The day they did find her is the day that this happened,” he said.

He said that Bailey, who has had an alcohol problem for many years, and was currently the subject of a community order with alcohol requirement, had no idea she was breaching an ASBO.

Presiding magistrate Sheila MacNab ruled the existing community order would continue until August this year and said: “It is important you abide by the ASBO conditions. If you breach again you will be dealt with much more severely than today,” she said.

Bailey was fined £50 with £15 victim surcharge with court costs of £85.