A man charged with breaching his antisocial behaviour order (Asbo) is still behind bars today -- despite a judge ruling the Asbo should never have been made.

James Allen, 21, of Westfield Road, Long Wittenham, was made the subject of the two-year antisocial behaviour order at Oxford Magistrates' Court earlier this year.

But yesterday, at Oxford Crown Court, Judge Anthony King overturned the Asbo, which banned him from the Saxons Heath area of the village. The appeal heard the Asbo application had not been backed up by adequate evidence of antisocial behaviour, and that Allen had not been allowed enough time to respond to the allegations against him.

However, Allen is still remanded in custody over accusations of breaching his Asbo, because he was charged with flouting the court order before the appeal to took place.

He is due to appear before magistrates on Monday for breaking the terms of a court order. The Asbo was imposed in October under legislation which allows the police to apply for an Asbo on the back of an offender receiving a criminal conviction.

Police can argue an Asbo is justified based upon "hearsay" evidence, which is not proved beyond reasonable doubt and is not normally admissible in criminal courts.

However, Asbo applications, including those made after convictions, are made under civil law, where hearsay evidence is admissible under strict conditions.

Stuart Matthews, of Reeds Solicitors, which represented Allen, said: "The Asbo was in no way related to the conviction for which he was being sentenced.

"It was made on the request of the police on the basis that they say there were past incidents relating to antisocial behaviour.

"In my view,the only result of an Asbo being imposed was him being stigmatised."

Police declined to comment.