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Leeds City Council, with local police, decided to tackle drug dealing and associated crime in the city. It sought antisocial behaviour orders against 66 people. It feared residents would be at risk of harassment and intimidation pending hearings, so it decided to apply for interim ASBOs without notice.

The local justices clerk was satisfied that it was necessary for the applications to be made and a private hearing was arranged before the local magistrate (district judge).

He granted the interim orders, which were served on the defendants (including M, who was 17) giving a date for a further hearing two weeks later.

M applied unsuccessfully for a judicial review, claiming the procedure was unfair and an infringement of his human right to a proper hearing (article 6, Human Rights Act schedule 1).

The Court of Appeal rejected an appeal, deciding that article 6 did not apply. The process was not unfair. No 'extremely strong' case had to be made out that applications for final ASBOs would succeed.

But there should be an early opportunity for a hearing after service of the interim ASBOs.