Argument: We need to imprison fewer people

The prison population is soaring, to 87749 on 5th November 2011 in England and Wales, and we have to find ways to keep it down, or at least slow the speed of its rise. Talking about crushing sentences for all may arouse the passions of a certain type of voter but we have to have a pragmatic look at the pressures on the system. The UK has the second highest incarceration rate in western Europe and 63% of prisons overcrowded in September 2011 and several times over the few years the prison population has come close to going over the capacity of the prison service resulting in having to use cells in police stations. [1] ASBOs are one way to punish offenders while still ensuring they have continuing access to education, family support, job opportunities, etc., and they are much cheaper than the alternative of prison.

[1] Berman, Gavin, ‘Prison population statistics’, House of Commons Library, 7 November 2011, www.parliament.uk/briefing-papers/SN04334.pdf

Candidate 1: "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."
Candidate 2: "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."
Candidate 3: "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 4: "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 5: "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 6: "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 7: "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"

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.
