With the change of Government, widespread reforms were always expected, however the news that the coalition plans to eradicate the ASBO will come as a shock to many.
In these times when stories of anti-social behaviour continue to dominate the headlines many would argue that it would be illogical to dissolve one of the main systems of dealing with it… or is it?
According to the Home Secretary, ASBO’s have failed and whilst no doubt there will be those who agree with her, others will hurriedly rush to say that it is all very well plotting their demise but what is there to realistically replace this avenue of behaviour control?
Certainly if one looks at the statistics* almost 17,000 ASBO’s have been issued between 1999-2008** and in recent years, namely 2007 and 2008, there has been a decrease in the numbers issued with the figures standing at, 2,299 and 2,027 respectively.
What is also evident from the figures is that since 2004 more ASBO’s are being tagged on to criminal convictions rather than being issued by way of a stand alone application and one has to ask whether this is because of the ease of attaching an ASBO to a criminal conviction or is the established system for applying for an ASBO not being utilised fully?
Arguably the case for dissolution grows ever more persuasive when one looks at the statistics related to the breach of these orders. Approximately 55% of ASBOs issued were found to have been breached at least once with a further 40% being breached more than once.
The statistics are also said to show that, if an ASBO is breached, it is breached on average 4.2 times. It is this, some would argue, that is the pointer which clearly indicates that the ASBO is not working and proves that there is a high probability, despite the best efforts of the courts and other agencies, once a breach has occurred the perpetrator will simply continue with the anti-social behaviour.
So what of the systems in place to prevent such a high recidivism rate? Of those who had breached their ASBO at least once, 53% were given an immediate custodial sentence. However whilst this may deal with those subject to a custodial sentence it is considered that the remaining individuals remain at large to continue their behaviour.
There have however been success stories in relation to these orders and it perhaps should not be forgotten that their use is as much about the victim of the anti social behaviour as it is about the perpetrator. Many will attest to the fact that the mere knowledge of these types of orders have served to empower them as communities in the belief that there is something which can be done in practice to stop the behaviour that they are being subjected to.
The suggestion of the government is that “they will put power in the hands of the citizens …and trust in the professionals.” This is perhaps a sentiment shared by all who want to seek an effective solution to anti social behaviour however the question being asked is; wasn’t this what the ASBO was intended for and if the decision from the Government is that the ASBO is to be scrapped then what is the planned and defined alternative?
For further information on the ASBOs or any subjects relating to this matter, please contact Jean Parkinson on 0207 421 1720 or jparkinson@steeleslaw.co.uk.
* Ministry of Justice 28/7/10 (Anti social behaviour Order (ASBO) statistics England & Wales 2008
** Statistics post 2008 due for release at the end of 2010