Argument: No system is perfect

Of course, some ASBOs fail. But no aspect of the justice system has a 100% success rate, and by their nature ASBOs are more likely to be abused because (unlike prison) the offender remains in his own environment. Should more in breach of ASBOs be punished? Sure. That’s not an argument against ASBOs though, is it? Neither is the fact that not enough are handed down. Although the use of ASBOs around the country is still patchy, some authorities have made very effective use of them to improve life in many local communities.

Candidate 1: "There is no respect among the population for ASBOS

Newspapers are full of examples of absurd ASBOs. They make an ass of the law and show that the nanny state is overreaching. People trying to kill themselves really aren’t going to be put off by the prospect of breaching their ASBO. [1]

Other examples include a prostitute who was prohibited from carrying condoms in an area that included her drug clinic, a prohibition on mobile soup vans that fed the homeless and a deaf girl who was banned from spitting in public. [2]

[1] BBC News, ‘Suicide woman banned from river’, 25 February 2005, http://news.bbc.co.uk/1/hi/england/somerset/4297695.stm

[2] Select Committee on Home Affairs, ‘Anti-Social Behaviour Orders – Analysis of the First Six Years’ http://www.publications.parliament.uk/pa/cm200405/cmselect/cmhaff/80/80we20.htm"
Candidate 2: "ASBOs do not address the real problem

ASBOs address the symptom, not the condition. Their powers are wide and undefined – too wide, meaning that Judges and magistrates can do pretty much whatever they like. Certainly there are problems in the way people conduct themselves – but if such behaviour isn’t criminal, then it’s up to families and communities to fix it. The ASBO is the latest example of excessive state interference in the lives of citizens. Either conduct is criminal, or it is not. The law of nuisance exists. Restraining orders exist. ASBOs aren’t intended to deal with that kind of problem: they’re the tool of the state controlling behaviour. Just because a problem exists, doesn’t mean it’s the job of the state to try and fix it. The powers granted to the state in its efforts are disproportionate to the problems concerned.

Indeed, the current trend is against such interference both as shown by the potential replacement of ASBOs and by court decisions such as one that people should not be punished for hurling obscenities. [1]

[1] Kelly, Jon, ‘Should swearing be against the law?’, BBC News Magazine, 21 November 2011, http://www.bbc.co.uk/news/magazine-15816761"
Candidate 3: "ASBOS encourage antisocial behavour

ASBOs are explicitly intended to deal with bad juvenile behaviour. But they encourage rather than deal with such problems. They are viewed as badges of honour that boosts street credibility amongst young gangs – the ‘naming and shaming’ just increases this. [1] They push people that could be helped by social work or proper attention into an unenviable category of ‘offender’ – they criminalise people for behaviour that isn’t criminal.

[1] BBC News, ‘Asbos viewed as ‘badge of honour’, 2 November 2006, http://news.bbc.co.uk/1/hi/6107028.stm"
Candidate 4: "58% of ASBOs have been breached, [1] with little resulting punishment. Only 2% of those who breach their ASBO are currently punished with a prison sentence. [2] This brings the justice system into disrepute. It doesn’t seem to matter if they’re breached – so people don’t care about getting them. Furthermore, they’re not granted in anything like the proportions needed to have an effect: 5,000 were supposed to be imposed every year, but instead only 3,800 were used in the first five years.

[1] ‘Statistical Notice: Anti-Social Behaviour Order (ASBO) Statistics - England and Wales 2012’, gov.uk, 2013, https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/253535/Anti-Social_Behaviour_Order_Statistical_Notice_2012.pdf

[2] ‘No prison for Asbo-breaching yobs’, Metro, http://www.metro.co.uk/news/61949-no-prison-for-asbo-breaching-yobs"
Candidate 5: "ASBOS breach basic principles of justice

“A youth recently appeared in Court in Manchester for breach of his ASBO. The Order had been made in the youth's absence without his being able to give his side of the story (one of the main concerns about ASBOs and one that can lead to misuse). The day after the Order was made someone came to his house to "serve" it on him. This consisted of his being handed a copy of what was a fairly bulky document running to several dozen pages with no attempt to explain it or even to ascertain if he was literate enough to read it. The Order included an restriction preventing him entering a particular estate nearby and another preventing him from associating with certain others. Unfortunately, he went out before reading the Order and beached it twice that day. The next day he went out again and breached it three times by mistake as he had not read the part covering the particular restriction. He now faces possibly custody although he has never been convicted of a criminal offence.” [1]

The issuing of ASBOs is inconsistent and almost amounts to a geographical lottery. People can be jailed for breaching an ASBO where the original offence was itself non-imprisonable – i.e. A civil procedure is being used to create and expand criminal sanctions. ASBOs have also been imposed on people with mental health problems where treatment would have been more appropriate.

[1] Select Committee on Home Affairs, ‘Anti-Social Behaviour Orders – Analysis of the First Six Years’ http://www.publications.parliament.uk/pa/cm200405/cmselect/cmhaff/80/80we20.htm"
Candidate 6: "Criminal behaviour ought to be dealt with by the ordinary criminal law – not through various forms of civil order.

While much discussed, criminality is criminality, and non-criminal anti-social behaviour, while anti-social, should not be criminalized directly or indirectly."
Candidate 7: "Sentencing shouldn’t be affected by such considerations. If we need more prisons, we should build them. The point is that offenders should get the punishment they deserve. If they only need light punishment, fine – but don’t argue that those who should otherwise go to prison must get ASBOs for economic reasons – this is an affront to victims and to society and dilutes the disincentive to offend."

58% of ASBOs have been breached, [1] with little resulting punishment. Only 2% of those who breach their ASBO are currently punished with a prison sentence. [2] This brings the justice system into disrepute. It doesn’t seem to matter if they’re breached – so people don’t care about getting them. Furthermore, they’re not granted in anything like the proportions needed to have an effect: 5,000 were supposed to be imposed every year, but instead only 3,800 were used in the first five years.

[1] ‘Statistical Notice: Anti-Social Behaviour Order (ASBO) Statistics - England and Wales 2012’, gov.uk, 2013, https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/253535/Anti-Social_Behaviour_Order_Statistical_Notice_2012.pdf

[2] ‘No prison for Asbo-breaching yobs’, Metro, http://www.metro.co.uk/news/61949-no-prison-for-asbo-breaching-yobs
