A "model" teenage boy won a lankmark High Court ruling in Britain today against the legality of child curfew zones, leaving Prime Minister Tony Blair's high profile bid to reduce anti-social behaviour in disarray.
'W', the 15 yeard old boy who brought the case
The 15-year-old boy brought the case against London's police and his local council over their right to remove any under-16-year-old unaccompanied by an adult from an area after 9pm regardless of their behaviour.
Lord Justice Brooke said everyone should have the right to "walk the streets without interference from police". He also said the current law did not give police the right to force someone to go home.
The boy, known as "W" for legal reasons, said the use of curfews infringed his right to liberty under the European Convention on Human Rights and discriminated against him because he was a child.
"Of course I have no problem with being stopped by the police if I've done something wrong," he said in a statement. "But they shouldn't be allowed to treat me like a criminal just because I'm under 16."
A spokeswoman for the Home Office said the ruling would affect curfew orders across the country but she insisted police still had powers to break up large groups of teenagers who were causing trouble.
However they cannot insist they go home. She also said the Home Office would appeal. The boy brought his case against the wealthy west London borough of Richmond and the Metropolitan Police but during the hearing, the court was told it would have far wider implications for the way police work.
Lawyers for the boy said some 400 such orders were made between January and September 2004 across the country and that "a large number of people" had as a result had their freedom to move "curtailed or fettered".
Human rights watchdog Liberty, who represented "W" in court, said the boy was a model student and declared the case a victory "for the presumption of innocence".
"We all have a shared interest in genuine efforts to address crime but you don't teach respect by acting unfairly. Today the Court has confirmed Liberty's view that it should never be a crime just to be a child."
Concern over disruptive behaviour by gangs of teenagers, especially in town centres late at night, was a key issue in the May, 2005 election. Mr Blair had promised to crackdown on yobbish anti-social behaviour and instill more respect among the young.