Abolish Anti Social Act 2003


 
  


 
The concept of anti social behaviour is very vague. According to the Labour government led by Tony Blair, anti social behaviour was a civil concept of some criminal activities from the outset, such as criminal damage, theft , assault, drunken rage, etc, mainly committed by the unruly yobs. The Labour came up with the Anti Social Act 2003 to give the so called yobs a second chance rather than a criminal record. If the criminal activities persist after ASBO, the individual will then be subjected to criminal proceedings.  

Due to the civil nature of ASBO, the evidence required for ASBO is of very low level, largely on hearsay evidence or no evidence at all.  The ASBO will be granted if an official goes to the court to apply for one against an individual . However, the consequence of an ASBO is disproposionately severe once it is granted. It is a powerful tool to criminalise people which is just to the contrary to its original manifested intention of the legislation. It is a powerful tool to persecute innocent people since the authority can then use every power given to them to escalate the ASBO to every aspect of the person's or indeed the individual loved ones' life. 

 
ASBO can be extended without a hearing at the request of any official! 
 
 It is obvious to me that making ASBO civil leading to severe criminal sanctions is a plot to make it easier to criminalise and persecute anyone the officials would like to.
 
In a civilised society , no criminal acts should be tolerated or downgraded to civil nature in the name of giving the offenders a second chance. There are sufficient tools available in the existing criminal enforcement system to tackle any offence of criminal nature . To deliberately mistakenly relable criminal acts as civil will no doubt create a lot of scope for such to be manipulated and abused by some incompetent or corrupted officials. The consequence to the society is grave as we can see today. The so called anti social behaviour is not reduced under the Labour government while perfectly law abiding citizens are labelled as anti social and face the prospect of 5 year imprisonment if he/she is criminalised.  
 
In my view, there is No anti social behaviour, but civil act or criminal act. In the case of civil act, leave it to the civil court. In the case of criminal act, the police should deal with it accordingly in the frame of the existing enforcement protocol. That is what they are paid for. Whatsmore, the academic entry level to become a police should be raised and I do believe integrity to certain level does come with proper education.
 
If this government is serious about getting rid of bad laws which will plague generations to come, ASBO is one of them. Afterall, we never know who will be put to the receiving end in the future.
 

 

Why is this idea important?


 
  


 
The concept of anti social behaviour is very vague. According to the Labour government led by Tony Blair, anti social behaviour was a civil concept of some criminal activities from the outset, such as criminal damage, theft , assault, drunken rage, etc, mainly committed by the unruly yobs. The Labour came up with the Anti Social Act 2003 to give the so called yobs a second chance rather than a criminal record. If the criminal activities persist after ASBO, the individual will then be subjected to criminal proceedings.  

Due to the civil nature of ASBO, the evidence required for ASBO is of very low level, largely on hearsay evidence or no evidence at all.  The ASBO will be granted if an official goes to the court to apply for one against an individual . However, the consequence of an ASBO is disproposionately severe once it is granted. It is a powerful tool to criminalise people which is just to the contrary to its original manifested intention of the legislation. It is a powerful tool to persecute innocent people since the authority can then use every power given to them to escalate the ASBO to every aspect of the person's or indeed the individual loved ones' life. 

 
ASBO can be extended without a hearing at the request of any official! 
 
 It is obvious to me that making ASBO civil leading to severe criminal sanctions is a plot to make it easier to criminalise and persecute anyone the officials would like to.
 
In a civilised society , no criminal acts should be tolerated or downgraded to civil nature in the name of giving the offenders a second chance. There are sufficient tools available in the existing criminal enforcement system to tackle any offence of criminal nature . To deliberately mistakenly relable criminal acts as civil will no doubt create a lot of scope for such to be manipulated and abused by some incompetent or corrupted officials. The consequence to the society is grave as we can see today. The so called anti social behaviour is not reduced under the Labour government while perfectly law abiding citizens are labelled as anti social and face the prospect of 5 year imprisonment if he/she is criminalised.  
 
In my view, there is No anti social behaviour, but civil act or criminal act. In the case of civil act, leave it to the civil court. In the case of criminal act, the police should deal with it accordingly in the frame of the existing enforcement protocol. That is what they are paid for. Whatsmore, the academic entry level to become a police should be raised and I do believe integrity to certain level does come with proper education.
 
If this government is serious about getting rid of bad laws which will plague generations to come, ASBO is one of them. Afterall, we never know who will be put to the receiving end in the future.
 

 

Reform ASBO’s but don’t get rid of them!

I think the Government has been misleading on the fact that ASBO's do not work, using Breach figures as the reason to abolish them. I have personally found ASBO's to be a wonderful Invention and i undertand that Conservertaves do not want to be associated with things that the Labour brought in, so change the name reform them but do not remove them.  in the aspect of child ASBO's more responsability should be on the parents and they should have some sort of punihment for letting this carry on.

 

ASBO's take too long to get, can be time consuming and make the many victims wait too long for Peace. But they do offer respite to the people who have to put up with the poor behaviour for a small few.

Why is this idea important?

I think the Government has been misleading on the fact that ASBO's do not work, using Breach figures as the reason to abolish them. I have personally found ASBO's to be a wonderful Invention and i undertand that Conservertaves do not want to be associated with things that the Labour brought in, so change the name reform them but do not remove them.  in the aspect of child ASBO's more responsability should be on the parents and they should have some sort of punihment for letting this carry on.

 

ASBO's take too long to get, can be time consuming and make the many victims wait too long for Peace. But they do offer respite to the people who have to put up with the poor behaviour for a small few.

Right To Evict Squatters

At present if a householder leaves a window open, squatters can get in and can legally occupy a house until an expensive High Court order has been obtained. This can take weeks or months.

If a small landlord is doing up a property and builders leave a window or door open to bring building materials in or let paint fumes out the same applies.

in 99% of cases squatters are parasites who leach off property that would genuinely be owner or tenant occupied. It is very rare for property owners to genuinely be unaware of property that they own (the GLC famously forgot to transfer some expensive Council stock to London Boroughs but that is rare).

Change the law so a High Court order is unnecessary. If a house already has an occupant or building work is in progress, give the owner the owner or tenant the right to call the Police and regain the property the very same day, subject only to proof of identity, eg Debit Card checked against Electoral Register.

"Squatters Rights are important because some landlords deliberately keep property vacant" ~ if the Government wants to preserve David-v-Goliath laws, keep Squatters Rights, but only where the squatter can proove that a property has been unoccupied for more than 6 months, eg dated photographs showing the passing of the seasons.

And put effective laws in place to recover court costs and repairs – "Oh I found it like that" should not be an excuse.

Why is this idea important?

At present if a householder leaves a window open, squatters can get in and can legally occupy a house until an expensive High Court order has been obtained. This can take weeks or months.

If a small landlord is doing up a property and builders leave a window or door open to bring building materials in or let paint fumes out the same applies.

in 99% of cases squatters are parasites who leach off property that would genuinely be owner or tenant occupied. It is very rare for property owners to genuinely be unaware of property that they own (the GLC famously forgot to transfer some expensive Council stock to London Boroughs but that is rare).

Change the law so a High Court order is unnecessary. If a house already has an occupant or building work is in progress, give the owner the owner or tenant the right to call the Police and regain the property the very same day, subject only to proof of identity, eg Debit Card checked against Electoral Register.

"Squatters Rights are important because some landlords deliberately keep property vacant" ~ if the Government wants to preserve David-v-Goliath laws, keep Squatters Rights, but only where the squatter can proove that a property has been unoccupied for more than 6 months, eg dated photographs showing the passing of the seasons.

And put effective laws in place to recover court costs and repairs – "Oh I found it like that" should not be an excuse.

Change the Law of Assault

The Assault laws should be repealed and replaced with more reasonable legislation that takes into account modern life. To be charged with Assault you should have to have caused deliberate or pre meditated physical injury to another person and you should be completely free from arrest and charge if you were acting in defence of yourself or acting to stop someone who you believed had committed an act of anti social behaviour or a crime.

Why is this idea important?

The Assault laws should be repealed and replaced with more reasonable legislation that takes into account modern life. To be charged with Assault you should have to have caused deliberate or pre meditated physical injury to another person and you should be completely free from arrest and charge if you were acting in defence of yourself or acting to stop someone who you believed had committed an act of anti social behaviour or a crime.

Bring back corporal punishment

As there seems to no deterrent to minor criminal acts, as prison usually creates a martyr of anybody who receives a sentence. Bring back the CANE and use it for these types of crimes.

This seems old-fashioned but I never knew of anybody re-offending after receiving strokes from the cane.

Possibly introduce it’s use on a regular basis in prison (monthly), this would stop people from returning to prison. Do away with ASBOS and give the miscreants strokes with the cane- they will not be in such a hurry to re-offend.

Why is this idea important?

As there seems to no deterrent to minor criminal acts, as prison usually creates a martyr of anybody who receives a sentence. Bring back the CANE and use it for these types of crimes.

This seems old-fashioned but I never knew of anybody re-offending after receiving strokes from the cane.

Possibly introduce it’s use on a regular basis in prison (monthly), this would stop people from returning to prison. Do away with ASBOS and give the miscreants strokes with the cane- they will not be in such a hurry to re-offend.

Freedom for young people

1) Stop or change the curfew; don't drive young people home because they were 'hanging out' or 'minding their own business'.

2) Allow drinking back on the streets.

3) Go easy on ASBO's. 

Why is this idea important?

1) Stop or change the curfew; don't drive young people home because they were 'hanging out' or 'minding their own business'.

2) Allow drinking back on the streets.

3) Go easy on ASBO's. 

the same eviction for anti social behaviour for home owners that cause the same appalling behavior

we live in a small town in what used to a very peaceful,tranquil place up until a year ago,a person bought a house on the estate and drinks,takes ,drugs causing allot of serious antisocial behavior to allot of residents some that have stayed in the same area and house for over 50years.we have been told the police,resident association,housing as we are tenants,we are basically been told there not much we can do as he owns his house.the police are trying to get an asbo that's it,we are constantly living in fear of what situation will be brought upon us regarding this individual,who has showed a samurai sword,wants to fight,has a constant flow of poeple in and out his house,can anybody plz help us now we cant take anymore.x

Why is this idea important?

we live in a small town in what used to a very peaceful,tranquil place up until a year ago,a person bought a house on the estate and drinks,takes ,drugs causing allot of serious antisocial behavior to allot of residents some that have stayed in the same area and house for over 50years.we have been told the police,resident association,housing as we are tenants,we are basically been told there not much we can do as he owns his house.the police are trying to get an asbo that's it,we are constantly living in fear of what situation will be brought upon us regarding this individual,who has showed a samurai sword,wants to fight,has a constant flow of poeple in and out his house,can anybody plz help us now we cant take anymore.x

ASB Orders

I believe all legislation relating to Anti Social Behaiour should be repealed and the Police should be encouraged to use the Justice of The Peace Act 1361. The reason for saying this is quite simple, if someone is causing a nuisance or their behaviour is anti social but not against the law, it is most likely to be Conduct Likely to Cause a Breach of the Peace. A Police Constable may arrest anyone whose behaviour is such. The Person Arrested must then be taken before a Jusice of the Peace (Magistrate) where he can be bound over to be of good behaviour for a period of time or be liable to lose a some of money as laid down by the Magistrates. When I was a Police Officer we used this Act of Parliament to good effect many times. Anti Social Behaviour Orders just seem to be glory badges to many youths.

W L Roberts

Why is this idea important?

I believe all legislation relating to Anti Social Behaiour should be repealed and the Police should be encouraged to use the Justice of The Peace Act 1361. The reason for saying this is quite simple, if someone is causing a nuisance or their behaviour is anti social but not against the law, it is most likely to be Conduct Likely to Cause a Breach of the Peace. A Police Constable may arrest anyone whose behaviour is such. The Person Arrested must then be taken before a Jusice of the Peace (Magistrate) where he can be bound over to be of good behaviour for a period of time or be liable to lose a some of money as laid down by the Magistrates. When I was a Police Officer we used this Act of Parliament to good effect many times. Anti Social Behaviour Orders just seem to be glory badges to many youths.

W L Roberts

Repeal the Child Poverty Act 2010

Scrap this unnecessary legislation. Children do not have their own income on the whole, nor can they own property. Their relative wealth or poverty is intrinsically tied up with that of their parents, and so the real issue is family or household poverty. The term "child poverty" is almost Dickensian in it's sentimentality and the whole issue seems to be one of PR and vote winning rather than any sensible, necessary measure.

Why is this idea important?

Scrap this unnecessary legislation. Children do not have their own income on the whole, nor can they own property. Their relative wealth or poverty is intrinsically tied up with that of their parents, and so the real issue is family or household poverty. The term "child poverty" is almost Dickensian in it's sentimentality and the whole issue seems to be one of PR and vote winning rather than any sensible, necessary measure.

Remove ASBO laws : Introduce Medical Treatment

The ASBO breach rate in England is now 70%. The proportion of families stopping ASB after an 'ASBO Sin Bin' project is not the claimed 64% but 19%. Scotland, Northern Ireland and the Irish Republic have effectively given up the ASBO since it does not work. ASBOs issued  in the UK  have halved since the 2006 peak. 60% of ASBO accused in court were found to have a diagnosed mental disorder according to 2002 Home Office data. ~80% of the families forced into ASB FIPs (ASBO Sin Bins) were found to have serious mental / physical health problems and learning disabilites. 47% of the children were ADHD or autistic spectrum. Yet these families are forced into ASB FIPs under legal threats of eviction, loss of benefits and loss of children.

The ASB Crusade has failed because it has targeted the mentally disordered and then failed to provide professional medical treatment for the 'offenders' who are typically very vulnerable themselves. (60% of 'families from hell' were found to be victims of ASB themselves). The punitive ASB laws have achieved nothing in tackling ASB. Emerging research suggests that medical treatment of several kinds may crack the real problem.

Why is this idea important?

The ASBO breach rate in England is now 70%. The proportion of families stopping ASB after an 'ASBO Sin Bin' project is not the claimed 64% but 19%. Scotland, Northern Ireland and the Irish Republic have effectively given up the ASBO since it does not work. ASBOs issued  in the UK  have halved since the 2006 peak. 60% of ASBO accused in court were found to have a diagnosed mental disorder according to 2002 Home Office data. ~80% of the families forced into ASB FIPs (ASBO Sin Bins) were found to have serious mental / physical health problems and learning disabilites. 47% of the children were ADHD or autistic spectrum. Yet these families are forced into ASB FIPs under legal threats of eviction, loss of benefits and loss of children.

The ASB Crusade has failed because it has targeted the mentally disordered and then failed to provide professional medical treatment for the 'offenders' who are typically very vulnerable themselves. (60% of 'families from hell' were found to be victims of ASB themselves). The punitive ASB laws have achieved nothing in tackling ASB. Emerging research suggests that medical treatment of several kinds may crack the real problem.

Restore the principles of justice to the British legal system.

Firstly, I'd like to say that this idea is a gimmick.  Nick Clegg may tweak around with a few laws here and there, but look at his flip-flopping on the extradition of Gary McKinnon as soon as he actually was in a position where he could do something about it…

In Britain today, the principles of justice have already been eroded, and will not, I believe, be rediscovered.

Under Section 59 of the Police Reform Act 2002 I can have my vehicle seized on the whim of a police officer, with no involvement of judge or jury.

Under the Crime and Disorder Act 1998 the civil courts can create bespoke criminal offences.  My liberty can be removed if I don't behave in a manner that is not, per se, illegal, but which contravenes directives given to me by the lower institutions of the State.  ASBO legislation does not work, and circumvents the checks and balances built into centuries of British justice (the right to trial by jury, thresholds of evidence etc.)  Freedom of association and curfews can affect those not found guilty of any offence.

Under Section 49 and Section 53 of the Regulation of Investigatory Powers Act 2000 (RIPA), it is an offence to fail to disclose when requested the key to encrypted data (with a penalty of two years in prison).  My right to silence has been removed.

And while we're at it.  Why is there hate crime legislation?  Surely you should legislate for behaviour, not motivation?  My right to think bad thoughts has been removed 😉

Under the Proceeds of Crime Act 2002, the police can legally seize my cash.  My right to walk around with a large amount of money in my pocket has been removed.  Seizure of my assets will likely remove my ability to fund my defence in any trial.

Not to mention the large number of fines issued by local authority jobsworths for feeding the birds, putting your bin out on the wrong day, putting rubbish in the wrong bin. All of these things imply a degree of summary justice – pay now it's £40, pay later it's court fees and £300.

Why is my internet usage being monitored? (RIPA).  Every phone call and website I visit. I use internet radio.  The Government has a complete profile of my Radio4 listening!

Speaking of which… the addition of intrusive "Smart Meters" into the Energy Act at the very least has questions over it's legitimacy ( http://www.telegraph.co.uk/news/4401188/Lord-Truscott-Peers-charge-up-to-5000-a-day-to-facilitate-law-changes.html ).  Very intrusive, wouldn't you say?

There's much, much more.  It's an impossible task to fix it.  Nothing will change.
 

Why is this idea important?

Firstly, I'd like to say that this idea is a gimmick.  Nick Clegg may tweak around with a few laws here and there, but look at his flip-flopping on the extradition of Gary McKinnon as soon as he actually was in a position where he could do something about it…

In Britain today, the principles of justice have already been eroded, and will not, I believe, be rediscovered.

Under Section 59 of the Police Reform Act 2002 I can have my vehicle seized on the whim of a police officer, with no involvement of judge or jury.

Under the Crime and Disorder Act 1998 the civil courts can create bespoke criminal offences.  My liberty can be removed if I don't behave in a manner that is not, per se, illegal, but which contravenes directives given to me by the lower institutions of the State.  ASBO legislation does not work, and circumvents the checks and balances built into centuries of British justice (the right to trial by jury, thresholds of evidence etc.)  Freedom of association and curfews can affect those not found guilty of any offence.

Under Section 49 and Section 53 of the Regulation of Investigatory Powers Act 2000 (RIPA), it is an offence to fail to disclose when requested the key to encrypted data (with a penalty of two years in prison).  My right to silence has been removed.

And while we're at it.  Why is there hate crime legislation?  Surely you should legislate for behaviour, not motivation?  My right to think bad thoughts has been removed 😉

Under the Proceeds of Crime Act 2002, the police can legally seize my cash.  My right to walk around with a large amount of money in my pocket has been removed.  Seizure of my assets will likely remove my ability to fund my defence in any trial.

Not to mention the large number of fines issued by local authority jobsworths for feeding the birds, putting your bin out on the wrong day, putting rubbish in the wrong bin. All of these things imply a degree of summary justice – pay now it's £40, pay later it's court fees and £300.

Why is my internet usage being monitored? (RIPA).  Every phone call and website I visit. I use internet radio.  The Government has a complete profile of my Radio4 listening!

Speaking of which… the addition of intrusive "Smart Meters" into the Energy Act at the very least has questions over it's legitimacy ( http://www.telegraph.co.uk/news/4401188/Lord-Truscott-Peers-charge-up-to-5000-a-day-to-facilitate-law-changes.html ).  Very intrusive, wouldn't you say?

There's much, much more.  It's an impossible task to fix it.  Nothing will change.