Out of order

A legal bid by The Northern Echo to be allowed to name the 14-year-old was rejected by the magistrates in Darlington, even though the persistent offender had previously been publicly shamed by the borough council.

The order, imposed last September, included an unprecedented four-year ban on the teenager entering a Darlington estate he had terrorised.

Darlington Borough Council posted hundreds of leaflets to residents of the estate, naming the youth who had been terrorising the neighbourhood, and explaining details of the Asbo.

The Press was allowed to name him and publish his photograph at that time.

But now that the juvenile is guilty of breaching the order, magistrates have ruled his anonymity must be protected.

He is one of only three youths in Darlington subject to an Asbo, preventing him from "assaulting, harassing, intimidating, threatening or abusing any person, trespassing on private property, riding motorcycles and kicking or throwing footballs or other objects against any property or vehicle".

The order, imposed at Bishop Auckland Magistrates' Court, also made him subject to a curfew and banned him from entering Skerne Park for four years.

At Darlington Youth Court yesterday, magistrates heard that the boy had breached the Asbo three times by threatening pupils and teachers at his school, riding a motorbike without a licence or insurance, and assaulting his brother in the street. He also admitted breaching a conditional discharge.

Gwen Burnett, in mitigation, said sending him to prison would direct him to a life of criminal activity.

The teenager, who has learning difficulties, was sentenced to an eight-month detention and training order for each breach, to run concurrently.

Bench chairman John Hehir turned down the Echo's request to lift the teenager's right to anonymity, saying it was not in the public interest and that there were no exceptional circumstances.

Darlington MP Alan Milburn criticised the decision.

"The efforts that the Government, the local police and the council in Darlington are making to tackle anti-social behaviour are working, but it does seem to me to be wrong that the community cannot be told the name of the offender," he said. "I cannot really understand why his anonymity has been protected.

"People have a right to know the law is on their side and they have a right to know the authorities are taking action and they have a right to know which individual the law has taken action against."

Inspector Chris Reeves, who is in charge of anti-social behaviour in Darlington, echoed Mr Milburn's view.

"It seems common sense to publish what happens to people who breach the orders," he said.

"It is about reassuring the public that these people are being dealt with. If we were to balance the rights of the individual against those of the greater public, then in this case, it's my belief he should be named."

Norman Brennan, director of the Victims of Crime Trust, said: "This individual is clearly an absolute nightmare to people in Darlington, his behaviour is out of control. It is only right that he should be named," he said.

"His unacceptable behaviour is allowed to go on because magistrates are being inefficient in dealing with it."

Darlington Borough Council leader Councillor John Williams said that the youth had caused mayhem in the town.

He said: "It is regrettable that this action has to be taken, but we are not prepared to tolerate any kind of anti- social behaviour in Darlington and we will continue to take a hard line with persistent offenders."

The Northern Echo is taking legal advice over the possibility of challenging the decision in the High Court.

Five years ago, the paper won a landmark victory over a fight to name notorious teenage criminal Sean McKerry, nicknamed Homing Pigeon Boy.

The Lord Chief Justice ruled that Bishop Auckland Magistrates' Court had done nothing wrong when it agreed to the paper's application to waive reporting restrictions.