Leading article: A flawed approach to antisocial behaviour

Child curfew zones were established by the 2003 Anti-Social Behaviour Act. This gave the police the power to escort home any unaccompanied under-16 year-olds found in defined areas after 9pm - regardless of whether they were behaving badly or not. The Government argued that blanket curfews were necessary to eradicate antisocial behaviour.

The basis of the challenge by the boy in question was that a curfew imposed in his local area breached his freedoms under the European Convention on Human Rights. Although never ordered home by the police himself, he claims the effect was to intimidate him out of harmless activities such as going to the cinema in the evening with friends.

The High Court found in his favour and ruled that the 2003 law does not give the police the power to force anyone to go home, providing there is no suspicion of wrongdoing. According to Lord Justice Brooke and Mr Justice Mitting: "If Parliament considered such a power was needed, it should have said so, and identified the circumstances in which it intended the power to be exercised."

This is to be applauded. Only those suspected of creating a public nuisance should be subject to sanctions such as curfews and arrest. There is, of course, a problem with antisocial behaviour in our society. And it must be confronted. Many housing estates and provincial town centres are blighted by underage drinking, joyriding and other yobbish activities. But imposing a curfew on all under-16s in such areas is too arbitrary and has the effect of penalising the innocent. It also smacks of the same hysteria that has seen those wearing "hoodies" banned from shopping centres.

A spokeswoman for the Home Office, defending the policy yesterday, said: "Teenagers hanging around is a big cause of concern to the public." This is true, but "hanging around" is not a crime. Nor does it help to make it one. The problem with curfews - and other of the Government's tools such as antisocial behaviour orders - is they offer no long-term solutions.

The key to tackling antisocial behaviour is elusive. It involves more schemes to occupy young people after school and the regeneration of deprived areas. It will also require intelligent policing and more officers to work in concert with the local community. And the problem will not be solved overnight. We need more imaginative thinking and fewer "quick fixes" such as Asbos and curfews.