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/

ASBOs - THE END

 25. Sep. 2010. @ 15:35:44 by TheJusticeofthePeace


Anti social behaviour is getting out of hand. In plain English that is the opinion of somebody who ought to know; HM Chief Inspector of Constabulary, Sir Denis O’Connor. And “hand” is the operative word. The hand is used for control whether by finger wagging or application to the side of the head by a policeman in the 1950s. 

Since the liberating 1960s revolution control and its bedside companion authority have been eroded. Teachers, park wardens, bus conductors and the next door neighbour etc have steadily had their ability to exercise mild restraint over anti social behaviour eroded in the rush to remove all barriers between the government and the governed. The discretion of police officers in their application of the law has been all but removed. At all levels police backsides are being covered by an ever increasing paper trail. It cannot continue.

Robert Peel set up the first professional police force in the world in London in 1829 with its prime principle or directive “to prevent crime and disorder”. Although Theresa May is scrapping The Police Pledge” looking through the Met`s eleven pledges on its website not one can be loosely translated as being equated to Peel`s Principle. The police have forgotten why they are needed. There`s much more chance of an individual being mugged, harassed, assaulted, robbed or burgled than being a victim of a dozen 9/11 atrocities. David Cameron is advocating local this and local that for local people. He should take a further step and investigate splitting our police into the French style of local and national. 

ASBOs were sired by Tony Blair out of Labour whilst in opposition and became law in 1998. They are entirely negative insofar as correctly written they prohibit activities as opposed to encouraging any beneficial behaviour. An ASBO is a civil disposal breach of which is a criminal offence punishable by a rarely given maximum of five years` custody. 17,000 have been issued since 1999. 2008, the last year for which figures are available, had 2027 issued; the lowest yearly total since their introduction. The conclusion is that police are not pursuing miscreants or the yobs are improving their behaviour. I know which possibility I hold responsible for the decline. 

About half of ASBOs are breached and about a third are breached five or more times. Research has indicated that in general those who breach court orders eg driving whilst disqualified are much more likely to go on to commit very serious offences cf the general population. With ASBO breachers about one quarter proceed to serious offending. The Justice Secretary Kenneth Clarke wants to dispense with short sentences and punish/rehabilitate in the community. Theresa May, Home Secretary, has declared ASBOs are past their sell by date. Magistrates know only too well unless there are resources available to turn {mainly} young lives around from disordered to ordered the outlook is bleak indeed. 

A recognition by Sir Denis that the target culture so beloved by Labour when in office and shown to be responsible for much that is wrong with the NHS must be replaced by pro active policing where it matters most is welcome on the basis of better late than never……..on the streets on Friday nights, outside schools at 4.00pm and regularly patrolling singly instead of in pairs which is beginning to be the norm. Let the Mayor of London buy another 6,000 bikes for bobbies; that would be better for Londoners than any number of 3 litre BMWs.

A problem cannot be resolved until it is recognised as such. This is a beginning.


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