I retired from the magistracy in 2015 after 17 years mainly as a presiding justice

United Kingdom
My current blog can be accessed at https://thejusticeofthepeaceblog.blogspot.com/

THE ASBO: A MONSTER OUT OF CONTROL ?

 08. May. 2010. – 12:56:20 

Anti Social Behaviour Orders [ASBOs] have been around for eight years. They were and are designed in general to curb the type of behaviour which has a demonstrably disturbing effect on the quality of life for those citizens who are trying to lead normal law abiding lives eg graffiti, excessive loud noise especially at unsocial hours, swearing, drunken behaviour, drug dealing etc. The minimum period for which they can be applied is two years. The orders are not criminal penalties and are not intended to punish the offender. However breach of an ASBO is a criminal offence with a maximum sentence of five years in custody.


Until December 2007 almost 15,000 ASBOs were made. An ASBO to prevent offender[s] from meeting in a certain street, area or town is in my opinion an obvious simple prohibition which the offender[s] can reasonably be hoped to observe and which will give respite to those affected by offensive behaviour in their neighbourhood. However like the proposed inter stellar sail space ship which from a velocity of virtually zero to an attainable velocity estimated at half a million MPH or the proverbial acorn to oak the ASBO has become a monster out of control and an example is the case of Robert Sansford 56 of East Sussex who in February attacked two women in the Setting Sun pub in Brighton leaving one unable to return to work. Sansford is currently in prison awaiting sentence for the Setting Sun attack.


A council application for an ASBO against Sansford was succesful yesterday at Brighton Magistrates` Court preventing him from entering all clubs, pubs, bars and off-licences in England and Wales for six years.


When he is released can any sane person believe that this order will be effective? Does it seem likely that a pub landlord in eg Penrith will call the local bobby to report this offender is having a drink in my snug. Of course he won`t but here`s the rub; if and when he is arrested after committing an offence in a prohibited environment his record will appear on the Police National Computer and he will be brought to court for breach of his ASBO. 


Is this form of retribution really beneficial for the social soul of this nation?

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