Magistrates refused to grant an antisocial behaviour order against an alleged tearaway -- despite the teenager agreeing to the Asbo.

Police said they were surprised by the court's decision after they applied for a post-conviction Asbo against Anthony Swatton, 18, from Cranley Road, Barton, Oxford, who admitted smashing a window.

Officers said Swatton was a persistent nuisance, and applied for a wide-ranging Asbo to apply in Barton, Sandhills, Risinghurst and Headington.

Swatton had agreed to sign the conditions of the order.

But magistrates turned down the application on Thursday because they said that conditions requested by the police were not consistent with the criminal damage offence Swatton admitted. They decided they could not take into account hearsay evidence presented by police of examples of alleged incidents involving Swatton.

Police submitted paperwork to demonstrate a pattern of antisocial behaviour by Swatton.

Hearsay evidence -- something which is not proved beyond reasonable doubt -- 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.

Barton's beat officers have previously secured post-conviction Asbos on Kieran Durrant, 16, and Ben Strong, 14, and Steven Charlett, 16.

Pc Will Wright said after the hearing he was surprised by the outcome and would be raising it with the Crown Prosecution Service.

He said: "We have had three Asbos before and we did this one in the same form. We did exactly the same things, but for some reason they have decided not to grant it."

Swatton admitted breaking a window at the Stansfield Study Centre, in Quarry Road, Headington, on February 22. He was identified after his blood was found by scenes of crime officers. Magistrates fined him £75.

Police unsuccessfully asked for an Asbo preventing Swatton from threatening, abusing or swearing at members of the public; from congregating with others in the street; from throwing missiles; from riding mopeds or motorbikes; and from going into Budgens Express shop in London Road, Headington.

Karen Sidhu, defending, said she felt there were grounds for opposing the Asbo.

But she said: "He doesn't wish to object to it. Following long discussions with officers and his family Mr Swatton feels the order as it is worded is something that would assist him."

Pc Paul Phillips, the city's residential and homeless liaison officer, has been granted several post-conviction Asbos against beggars.

The applications included hearsay evidence. Pc Phillips told magistrates that the beggars' convictions were part of a wider pattern of nuisance.