ASBO’s to be replaced by new ‘Criminal Behaviour Orders’

The previously long used, Labour implemented, ASBO will soon have new competition in the force of the Government’s new plans to replace the ASBO with Criminal Behaviour Orders. The new orders have been created by a government consultation regarding anti-social behaviour.

After an announcement by the Home Office today (7th February 2011), they outlined that the new Criminal Behaviour Order will have a punishment system within a ‘sliding scale’. The government has given promises to reintroduce policing which is geared around ‘common-sense’, using an approach that has been streamlined towards a shorter term problem resolution.

Sounds all well and good doesn’t it, but how will it work?

Under the new Criminal Behaviour Order system, when incidents of anti social behaviour are informed directly to the Police, by a minimum of five people, the Police will have a mandatory duty to investigate the reported incident(s). This will be referred to as the “community trigger”. Criminal Behaviour Orders will give the police options to apply to the courts for an order to deal with behaviour that is described as ‘low level nuisance’.

From the experience of NFHiB members, there is often no such thing as any anti-social behaviour that is a low level. It is most definitely a subjective matter, what is ‘low level’ to one individual, will not be to another person or group – particularly if the offending and unwanted behaviour is sustained over a long period of time and often in many cases, victims experience years of abuse and attacks.

At NFHiB, we have often seen many accounts that the Criminal Behaviour Order’s predecessor, the Anti Social Behaviour Order (ASBO) failed for a number of reasons. Most commonly those that were given an ASBO would often ’wear it’ as a ‘badge of honour’ or we would see repeated reports that authorities failed to even implement the ASBO with known anti-social behaviour offenders. At the same time, youth crime levels also continued to rise.

The introduction of Criminal Behaviour Orders tackles the enduring discussion amongst the Police and Home Office in what is the best way to address ASBO’s. The Police have been accused by Ministers that they often do not take so called ‘low level’ crime seriously and often fail to take any action. Both at NFHiB and Mend Britain we have often seen this problem in action, where the Police will fail to take the reported anti-social behaviour seriously enough to even investigate it with any real meaning.

We know via NFHiB members that both local communities and individuals have often felt intimidated and helpless when reporting ‘low level’ crimes to the Police, who often don’t recognise the stress and subsequent impact this has on members of a community.

Low level crimes cease to be insignificant when they seriously affect the well-being and day to day life of an individual or group, a ‘drip drip’ ancient water torture effect of low-level crime abuse is then targeted towards the unwilling recipients of anti-social behaviour.

Criminal Behaviour Orders sound great in principle, but as with the old ASBO, if they aren’t enforced, is it a complete waste of time, yet again?

The Police should be well enough staffed to deal with this issue in order to address all incidents of anti-social behaviour successfully. However, the Police have also argued that the current government risks placing a higher emphasis on policing within the neighbourhood, rather than targeting criminals who are more serious. Huge cuts within Police forces have also been recently announced making us wonder how they are going to cope with the Criminal Behaviour Order. A pessimistic or realistic view?!

The plans detailed by Theresa May, the Home Secretary, outline that vandals may be asked to make good and repair any damage which they have caused. Whether or not the Criminal Behaviour Order will be any more effective in helping to do this than the much touted ‘ASBO’ by Tony Blair remains to be seen.

Dysfunctional Communities and People

Anti-social behaviour often stems from many sources that we have repeatedly and significantly identified at Neighbours From Hell in Britain, including dysfunctional families and family breakdowns, poverty, a lack of education and employment difficulties. Is the ASBO simply being exchanged with a new and ‘trendy’ replacement?

James Brokenshire, the Under-Secretary of State for Crime Prevention, referred to the changes given by the government response to anti-social behaviour, by stating they were “a radical streamlining”. Brokenshire has also said that alongside the new Criminal Behaviour Order, an introduction of more effective and speedier ‘tools’ to enable practitioners to safeguard both local communities and victims will be made.

This ‘toolkit’, which will supposedly address anti-social behaviour, has been described by Mr Brokenshire as “quick, practical, easy to use and provides a real deterrent to perpetrators”. We’re still not convinced, but let’s see.

Brokenshire also states that the aim is to ensure that the police and local agencies take harassment and anti-social behaviour seriously and act, particularly where it is targeted and consistently occurring towards communities and individual victims.

The new measures will be inclusive of:

‘Community Triggers’
When five people (from five different addresses) within local neighbourhoods have made a complaint, resulting in no action being taken, then agencies locally will have to put into place appropriate action. The same will also apply if one individual has also given a report of the same behaviour to the authorities, at least three times and no action has yet been taken.

‘Criminal Behaviour Orders’
Following conviction, the courts would then use a Criminal Behaviour Order to restrict any individuals from engaging in specific activities or being present in certain places or areas. Any breaches of the order could result in a maximum of a 5 year prison sentence.

‘Crime Prevention Injunctions’
This rather reminds us of the previous ASBO related ‘Acceptable Behaviour Contract’, the ‘ABC’. They will be created to stop unacceptable and poor behaviour quickly and efficiently, before it escalates further. Injunctions will be carrying a burden of proof that is civil, which in theory makes it faster and simpler to get an injunction than with the older system of tools. If an adult breaks an injunction, it could result in a fine or a prison spell; for the under 18 population, any breaches may result in a detention, formal supervision or a curfew of some kind.

‘Community Protection Orders’
These orders will be associated with a particular place and merge together different measures that currently exist. Local authorities can use one to give a halt to anti-social behaviour which is enduring that has an effect of the environment. So, we’re talking neighbour noise (one of the biggest sources of neighbour related complaints that NFHiB has proven time and time again), graffiti and fouling originating from dogs in the area.

The police will also be given an option to address disorders of a more serious nature and crimes from a place specific area, for example closing drug dealing properties – often the originating cause of many other neighbour from hell complaints.

‘Police Direction Powers’
This will give the police the option to redirect any person actually causing, or who has the potential to cause, a disorder or actual crime, away from any place and also take away any related items from that individual. Young people who can often use gadgets and electronic items such as iPods could find their possessions being confiscated.

Louise Casey, victims and witnesses commissioner, who was interviewed by NFHiB in 2006, has stated “I am pleased that the message being sent out from government is that there is no excuse for police and councils to stand by and allow their communities to suffer from lawless, mindless thuggery that makes people’s lives unbearable.”

The new proposals public consultation period will be in place until the 3rd May 2011 and it will undoubtedly be interesting to see the new ASBO replacement, the Criminal Behaviour Order in action and whether, as touted, it can be more effective than the infamous, previous occupant of the ASBO which was supposedly the backbone of Tony Blair’s ‘Respect’ agenda.

Or, is the Criminal Behaviour Order just a re-dressed ASBO in disguise? Time will tell.