A 15-year-old boy is bringing a legal test case against the Metropolitan Police today to argue that child curfew zones used to tackle anti-social behaviour breach his human rights.

The rights group Liberty is backing the teenager's application in the High Court, saying that the curfew zones demonise the innocent along with the guilty.

The boy is described as a churchgoer and a model student, keen on sport and music, who has never been in trouble with the police. He says that it is unfair that he is now in danger of being arrested simply for walking home after 9pm, after police applied for a curfew zone in his local area of Richmond, South London.

"Of course I have no problem with being stopped by the police if I’ve done something wrong," said the boy - referred to as "W" for legal reasons - before today's hearing.

"But they shouldn’t be allowed to treat me like a criminal just because I’m under 16."

Any unaccompanied child under 16 found out on the streets in a curfew zone - usually set up in areas with a significant history of intimidation, harassment and anti-social behaviour - between the hours of 9pm and 6am is liable to arrest and forced escort home, whether or not they are suspected of bad behaviour, says Liberty.

Young people who live inside the curfew zone are effectively banned from going out after 9pm.

The boy is seeking a landmark ruling that "anti-yob" legislation cannot be used to penalise innocent young people. His lawyers are applying for a judicial review of the Richmond curfew zone, arguing that it violates his right to liberty under Article 5 of the European Convention on Human Rights, as well as Article 8 (respect for private life), Article 11 (right to freedom of peaceful assembly and association with others), and Article 14 (right not to be discriminated against because of his child status).

Alex Gask, Liberty’s legal officer, who is acting for W, said that in a democracy, only those suspected of wrongdoing should be subject to sanctions such as curfews and police arrest.

"My client is a model student who has never been in trouble with the police. He rightly objects to laws that would remove his right to walk down the street at 9pm on a summer’s evening," said Mr Gask.

"There is a real danger of sweeping, so-called ‘anti-yob powers’ demonising an entire generation of mostly decent kids".

The legal challenge is being heard over two days by Lord Justice Brooke and Mr Justice Mitting. They are likely to issue their judgement within weeks.

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