ASBOs

ASBOs or Anti-Social Behaviour Orders

ASBOs were introduced in the Crime and Disorder Act 1998, and their reach was extended by the Anti-Social Behaviour Act 2003.

An ASBO can be imposed on anyone who has behaved in a way that is likely to cause ‘alarm or distress’ to others. Although it is a civil order, the breach of an ASBO is a criminal offence that can carry a prison sentence.

What’s our problem with ASBOs?

Ø      They are often used against unpopular sections of society – especially young people

Ø      The Government says that ASBOs are only a ‘preventative’ order and not a criminal sanction, but ASBOs are a punishment. They can stop young people meeting their friends, using public spaces – and even using their own front door!

Ø      They focus on punishment rather than dealing with root causes. For example, there is a serious lack of affordable and accessible leisure activities and places where young people can meet (see our ‘story’!)

Ø      They reinforce an idea that it is wrong for young people to stand on the street chatting with friends, even though it is perfectly acceptable for an older person to do this

Ø      They don’t make a clear distinction between behaviour that is a bit daft or annoying and behaviour that is criminal. We believe that distinction is very important

Ø      They are too harsh a measure for young people who are boisterous and bored, and risk bringing them into the criminal justice system unnecessarily

Ø      They are too vague a measure for the small number of young people who are actually committing crimes. We believe they should be prosecuted, have a fair trial and be dealt with by the specialist local Youth Offending Teams. Such intervention is more likely to prevent re-offending because a YOT will look at all the factors that contribute to the individual young person’s behaviour

Ø      If a young person commits a criminal offence, the YOT is involved, but when a young person breaches an ASBO the YOT may not be involved at all

Ø      ‘Antisocial Behaviour’ is too loose a term: it means different things to different people, and in different parts of the country. It is unjust to punish someone for something that they cannot necessarily know is wrong.

Ø      Both Common Law and the Human Rights Act say that offences should be clearly defined, so that people know when they are committing an offence and what the likely punishment is

Ø      It is particularly unjust to punish young people, who are still growing up and learning social rules. Some adults set a very bad example to young people by speaking rudely and aggressively to them, but then complain if a young person does the same!

Ø      The Government encourages local authorities to ‘name and shame’ young people who receive ASBOs. This puts them and their whole family at risk of retaliation and vigilante attacks

Ø      The UN Convention on the Rights of the Child has said that children in conflict with the law should remain anonymous, and the UK has signed up to this Convention

ARCH is a member of a coalition called ‘ASBO Concern '

See also Terri Dowty's speech at the Detached Youth Work Conference 7th December 2005 here