AN UNRULY teenager who flouted a court order meant to make him behave has won his freedom -- as magistrates ruled he could be "named and shamed."

Gary David Herbert, 16, who terrified a woman due to give evidence against him, had shown disrespect for the police and complete disrespect for an anti-social behaviour order imposed last June, Burnley youth court heard.

Herbert was given a nine month referral order and told to pay £50 compensation by the bench. The magistrates did not make a parenting order but told the defendant under the referral order he must attend a youth offending panel who would draw up a behaviour contract.

Herbert, of Clough Road, Bacup, had admitted assault causing actual bodily harm, two counts of breaching the ASBO, witness intimidation and threatening, abusive or insulting words or behaviour. He had been remanded in custody for about a month for the prepartion of pre-sentence reports.

The bench lifted reporting restrictions which banned Herbert's name being publicised after representations from the local press. Magistrates told the court the defendant's anonymity had already been removed when the ASBO, a civil matter, was reported in the newspapers. He had admitted twice breaching the order within six months and acted in an anti social manner.

They went on: "The public of East Lancashire has a right to know the outcome of the breaches of the order."

Sarah Statham, prosecuting, said the case was unusual, as when the ASBO was made, Herbert only had one caution. The order was made last June, his solicitors appealed and a crown court judge reimposed it. In December, Herbert committed the assault causing actual bodily harm.

In March, a police sergeant went to arrest Herbert for witness intimidation. The defendant danced around and beckoned to the officer who got out of his car.

Herbert dropped his trousers, slapped his bare bottom and said:"Come on mate."

Miss Statham went on: "The defendant has shown disrespect for the police and complete disrespect for the ASBO."

Bill Rawstron, defending, said Harbert's mother felt disbelief and almost frustration her son had been made subject of the ASBO when he had no previous convictions. Since he had been on remand, there had been a change in his attitude. He did not want to go back in the cells and had shown remorse and contrition for his actions.

Mr Rawstron added Herbert, who was immature, was showing understanding of the impact of his offending and perhaps the short, sharp shock he had had would have done the trick.