New life for ASBOs?

The Home Secretary’s vow to put anti-social behaviour at the top of his agenda is unlikely to make much of a difference, writes Nicholas Cobill.

On 13 October, Home Secretary Alan Johnson declared: “dealing with anti-social behaviour is my top priority”. He promised to deliver better support for victims, more prosecutions for breaches and minimum standards across different areas of the country.

His announcement seems to offer plenty of encouragement, but does it actually offer any practical help?

The initiatives contained in the announcement include: a pledge that all victims in Magistrates’ Courts will be offered help by Victim Support’s Witness Service (VSWS); £2.8 million over two years to help victims in various parts of the country; a clear expectation that ASBO breaches will be prosecuted; new guidance on dealing effectively with breaches and a set of minimum standards to be implemented in local areas by March 2010.

These measures are, unfortunately, of limited value; worse, there is a fear that the proposal is entirely misconceived. This is because the announcement was made in the wake of, and as a result of, the tragic deaths of Fiona Pilkington and her daughter Francecca Hardwick. Following their deaths, four teenagers were given ASBOs by local magistrates for their part in the campaign of abuse directed at the mother and daughter. But what use are ASBOs against this sort of crime? Public opinion tends to suggest that for this sort of crime at least, ASBOs are too little too late and no deterrent or punishment

With regards to the VSWS, there is no mention that Witness Service volunteers already provide such support. In addition, no help is offered to victims in the County Court, despite them dealing with a high volume of ASBO cases.
£2.8 million is likely to have minimal impact. The investment is designed to fund 85 individuals – primarily past victims or witnesses of anti-social behaviour – who will provide support to victims in only some parts of the country. No investment is promised to tackle the causes of anti-social behaviour.

A promise of an expectation is mere sophistry. Whether or not breaches will be prosecuted can never really depend on Home Office expectations, but instead on other factors including local policy and the willingness of victims and witnesses to give evidence. Besides, many would argue that ever since the implementation of the Crime and Disorder Act 1998, the public has had a legitimate expectation that breaches of ASBOs would be prosecuted in any event.

While many anti-social behaviour law practitioners would as a matter of course welcome new guidance on dealing effectively with breaches of ASBOs, it remains to be seen whether the guidance will offer anything new or useful.
The Home Office expects to see minimum standards. However, no definitive list of standards has been proposed. Instead, the Home Office expects that Crime and Disorder Reduction Partnerships in England (and Community Safety Partnerships in Wales) will work to reduce perceptions of anti-social behaviour year on year, treat reports of anti-social behaviour seriously (what were they doing before?) by investigating all cases and keeping victims updated on action taken and promoting better links between local partners and the police to deal with problems more quickly.  

This announcement shows an appetite to act on anti-social behaviour, but unfortunately offers nothing particularly new or creative.

Nicholas Cobill is an associate in Wragge & Co’s commercial litigation team