Tuesday, May 31, 2005

ASBOs 6 years on and Probation Officers demand a Review

ANTI SOCIAL BEHAVIOUR ORDERS:
ANALYSIS OF THE FIRST SIX YEARS
briefing by the National Association of Probation Officers – 7 April 2005

CONCLUSION

The number of anti social behaviour orders has increased markedly since November 2003. There is ample evidence of the issuing of ASBOs by the courts being inconsistent and almost a geographical lottery. There is great concern that people are being jailed following the breach of an ASBO where the original offence was itself non-imprisonable, and that ASBOs are being used where people have mental health problems where treatment would be more appropriate. There is also evidence that conditions on ASBOs are unreasonable and the behaviour would constitute criminal offences in any event.

It is of concern that the lower level of proof needed to obtain a conviction circumvents criminal proceedings. Certain local authorities are using ASBOs to clear sink estates of problematic families and individuals. This appears to avoid dealing with wider environmental problems on those estates and also avoids putting in place wider social policies that would deal with the underlying problems of anti social behaviour. In Napo’s view the time is right for a fundamental review of the use and appropriateness of Anti Social Behaviour Orders by the Home Offce.

Harry Fletcher - 7 April 2005
The Full report as a PDF file is available here

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