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Current Burden of proof for ASBO too high

Comment 12th August 2010

Currently the proof required to obtain an Anti Social Behaviour Order is to the criminal Standard (Case law not legislation) even though the ASBO is a Civil Order. This means that  the enforcement agencies spend far too much time in preparing cases dragging the misery out trying to reach this unneccesarily high hurdle.

This is the underlying cause of the lenghty time it takes and the reduction in numbers used.Protection for the defendant is afforded at Criminal trial if a breach of the order is alledged.

If the burden switches to that of a normal injunction there will be significant savings in investigative and court time.

Why does this matter?

People suffer longer than neccessary before they get relief from this disgusting behavior. Ex parte injunctions under housing law can be obtaned within 24 hours and can be as effective as ASB orders in dealing with ASB and carry prison sentences. Why not follow similar cost effective processes.

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