Argument: 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 1: "The problem of service and enforcement of ASBOs is identical that of all other court orders and can be solved the same way – in the proposition example the obvious solution would be to ensure that the youth in question had had the order fully explained to him on service.

An ASBO can only be made after a court hearing where both sides have the opportunity to have their say. The burden of proof remains on the person seeking the order to show why it is necessary. An impartial magistrate oversees the hearing. People subject to ASBOs are typically allowed to breach it several times before serious enforcement action is taken against them.

The fact is that the system of ASBOs is perfectly just and a much more liberal alternative to simply criminalising minor anti-social behaviour altogether"
Candidate 2: "ASBOs offer a wide flexibility to the sentencing authority as they are not only a punishment for past actions but also a form of restraint to prevent future misbehaviour. They permit the judge or magistrate to forbid the offender to go to a certain place, avoid a certain person, and ban them from participating in a particular activity. Without such powers, our courts will never be able to deal with the rising tide of yobbish behaviour that is, whilst not criminal, hugely damaging our communities."
Candidate 3: "Something meaningful has to exist to punish actions that don’t merit criminal punishment, but damage the quality of life of others, especially through constant repetition. The ASBO is such a tool. It is intended to be the primary weapon in a ‘zero tolerance’ environment. ASBOs allow communities to take back their streets and estates from intimidating and out of control youths, and to establish proper norms of behaviour. In this way a slide into more serious lawlessness and criminality can be prevented, and the rights of the law-abiding majority to walk the streets and live peacefully with their neighbours can be secured."
Candidate 4: "The wackier examples of ASBOs are actually demonstrations of what the order can do and other laws cannot. The woman who has an ASBO restraining her from jumping into rivers shows that the order can help with the thorny problem of actions that aren’t illegal, but place huge burdens on the emergency services and place the police and other citizens at risk."

ASBOs offer a wide flexibility to the sentencing authority as they are not only a punishment for past actions but also a form of restraint to prevent future misbehaviour. They permit the judge or magistrate to forbid the offender to go to a certain place, avoid a certain person, and ban them from participating in a particular activity. Without such powers, our courts will never be able to deal with the rising tide of yobbish behaviour that is, whilst not criminal, hugely damaging our communities.
