Case Studies
We have split the application
of ASBOs into six different categories; cases involving their
use against children, against protesters, on conviction, in relation
to general public order offences, against those with mental health
problems and in extreme circumstances.
Children
Home Office guidelines for the
Crime and Disorder Act stated that "ASBOs will be used mainly
against adults" but in practice children are increasingly
being targeted. Individuals as young as ten are criminalised
for their nuisance behaviour and then "named and shamed"
within their community, a stigma, at such an early age, that
will not easily wear off. For those children whose behaviour
really does call for state intervention ASBOs are often proving
not to be an effective remedy. There are frequent media reports
of orders being treated as little more than a badge of honour which would totally undermine
their intended role as a deterrent. In total, 45 per cent of
orders are made against juveniles of which 42 per cent are breached
and which results, 46 per cent of the time, in immediate custody
for its holder (Home Office press release). It is that
around 50 children a month are being incarcerated under anti-social
behaviour legislation. In August 2004 the government also announced
plans to track and monitor all children who have a parent in
prison (see Guardian "Government plans to 'track' criminals' children"
16/8/04). Already in its Children Bill, published on 4th March,
the government has outlined the introduction of cradle to grave
surveillance for children (See Statewatch
analysis, April 2004).
Click
here for examples
of ASBOs given to children.
Protesters
The government is currently attempting
to set a precedent for the use of ASBOs and other anti-social
behaviour legislation against protesters. Similarly, a Home Office
consultation document, entitled Modernising
Police Powers to Meet Community Needs (August
2004, pdf), set in motion further restrictions against the act
of protesting outside homes.
Click
here for examples
of ASBOs given to protesters.
"CRASBOs"
A CRASBO is an addition to a
criminal sentence and is considered separately from the criminal
part of proceedings. The term is somewhat erroneous because,
like all ASBOs, they are civil orders. There is no formal application
process, so usually the Crown Prosecution Service requests the
court to impose the order. It will come into effect on the day
it is made, although it is possible for the court to suspend
the prohibitions in the order until the offender is released
from custody. This would mean the order only runs from that point.
"CRASBOs" are effectively a double punishment, based
on the assumption that the individual will re-offend, and therefore
undermine the prison service's role as a rehabilitative institution.
Click
here for examples
of "CRASBOs".
General public order
ASBOs are increasingly being
used to combat a wide range of public order offences. However,
the targeting of prostitutes and beggars seems to have done little
more than cause their displacement
to other areas. They are also increasingly being used to target
vandalism including graffiti and "flyposting" in what
has become the first example of a "white collar" ASBO
against BMG. Graffiti artists have also been targeted by the
Anti Social Behaviour Act under which powers to remove graffiti
have been extended
to private property.
Click
here for examples
of ASBOs used to deal with general law-and-order issues.
Mental Health
Click
here for examples
of ASBOs given to people with mental health problems.
Extreme Cases
As the use of orders has increased,
courts have become bolder and more inventive with regard to tailoring
them around an individual's case. Many of these prohibitions
are absurd simply because the act liable to land them a prison
term is so clearly not of a criminal nature.
Click
here for examples
of extreme ASBOs.
