The Effectiveness of Anti-social Behavioural Orders - Essay Example

THE EFFECTIVENESS OF ANTI-SOCIAL BEHAVIOURAL ORDERS Crime, violence and anti-social behaviour are apparently high on the government agenda in the recent years. In July 2004, marking the end of what Tony Blair describes as '1960s liberal, social consensus on law and order'1 the Home Office launched a 5-year plan to fight crime and anti-social behaviour, with the aim of reducing crime to 15%.2 Since the late 1990s the U.K government has introduced many reforms and programmes, both legislative and non-legislative, to address violent crime and anti-social behaviour - Anti- Social Behaviour Orders, or the ASBOs as they are commonly referred to, has received significant media and public attention since its introduction in 1999, spawning diverse response and opinions.3 The paper attempts to review the use and effectiveness of ASBOs in tackling crime and antisocial behaviour. In doing so, it shall review available literature and research on how the order is being applied in practice, the perceived impact of these orders on law and order situation and the evidence suggesting the effectiveness of ASBO. The paper shall also address the concerns and challenges that ASBOs presents to law enforcement professionals and looks at possible improvements, if any that could be made to improve the effectiveness of these orders. As a prelude to the analysis, it may be imperative to understand the nature and scope of ASBOs. Anti-Social Behaviour Orders - A Brief Overview Introduced under the Crime and Disorder Act, 1998, ASBOs are designed to deal with anti-social behaviour perpetrated by individuals aged 10 years or above. An application for an ASBO may be made where it is alleged that a person or persons have acted "in a manner that caused or was likely to cause harassment, alarm or distress to one or more persons not of the same household"4 and includes a range of behaviour that put people in fear of crime. According to the U.K. Home Office, anti-social behaviour includes a range of problems, some examples5 being: Nuisance neighbours Rowdy and nuisance behaviour Yobbish behaviour and intimidating groups taking over public spaces Vandalism, graffiti and fly-posting People dealing and buying drugs on the street People dumping rubbish and abandoning cars Begging and anti-social drinking The misuse of fireworks An ASBO is essentially a civil order; however breach of the order results in criminal proceedings and sanctions, including fine and imprisonment up to five years for adults. ASBOs are available to police and local authorities, as well as registered social landlords and British Transport Police (introduced by Police Reform Act, 2002) but not to members of the general public. Thus, police and local authorities can apply to a magistrates' court for an order to prohibit an individual from causing harassment, alarm or distress in a particular area. The ASBOs are community-based orders involving local people in the collection of evidence and in helping to monitor breaches. Lindsay Clarke explains that since ASBOs are accorded civil status, enabling both hearsay as well as professional witness evidence in ASBO applications, makes them more effective in protecting both the victims of anti-social behaviour as well as those reporting the behaviour.6 It is significant to note that while ASBOs were introduced as a fulfilment of the New Labour's undertaking in their 1997 election manifesto to create "community safety orders [that] will deal with threatening and disruptive criminal neighbours,"7 prior to it injunctions were used to deal with such behaviour8 under such legislations as Protection from Harassment Act 1997, Housing Act 1996, Environmental Protection Act 1990. The ASBOs are not intended to replace any existing legislation; they are seen as complementary measures available to the police and the local authority to combat anti-social behaviour. ASBOs essentially operate on the on the same principle as an injunction - prohibiting the offender from specific anti-social acts or entering defined areas through civil orders - and do not ensue penalties for offences per se. However, the essential difference of ASBO from injunction is that ASBOs can be used against juveniles, who are often associated with or considered responsible for antisocial behaviour in the society.9 While analysing the effectiveness of ASBOs, its may be significant to understand a comparable strategy by the Home Office to deal with antisocial behaviour - the use of Acceptable Behaviour Contract (ABC) used in conjunction with the Housing Association in a community. The ABC is a voluntary written agreement between a person who has been involved in anti-social behaviour and one or more local agencies, such as police, housing etc, whose role it is to prevent such behaviour. While ASBO is a statutory creation, and presents legal force, the ABC is essentially an informal procedure, nonetheless presents legal implications -- a breach of ABC may be used as an evidence for applying for ASBO.10 The ABCs are considered to be more inclusive and consultative as compared with the harsher antisocial behaviour orders; they are also seen as potentially more effective. The Home Office guideline notes that ASBOs and ABCs should not be seen are competing and goes on to state "it is particularly important to dispel any impression that Anti-Social Behaviour Orders should be regarded as measures of last resort, only to be tried when other interventions such as acceptable behaviour contracts have already failed."11 As Jim Skelsey observes the "principle of zero tolerance is at the heart of the thinking behind ASBOs."12 However, the applicability of ASBOs to children as young as 10 years of age, leading to 'criminalisation' of youth too early in their lives, have raised concerns and controversies about the 'draconian' nature of the order.13 The Home Office considers that antisocial behaviour "holds back the regeneration of disadvantaged areas and creates an environment where more serious crime can take hold,"14 and ASBOs, which acts a powerful deterrent, are seen as an effective and necessary measure. The Labour government seems convinced on the appropriateness and effectiveness of ASBOs and the need for appropriate criminal justice response to tackle anti-social behaviour with more powerful legislations- the Anti Social Behaviour Act 2003 is a step in that direction. The Act has gone further in characterising anti-social behaviour as any activity disrupting communities and provides the police and local authorities with more power and authority towards the effective enforcement of the orders. The continued persistence of the government to pursue ASBOs despite criticism by children's welfare and social service agencies, calls for an analysis of the effectiveness of ASBOs in tackling anti-social behaviour since its inception in 1999. The Effectiveness of ASBOs John Denham, Minister of State for Crime Reduction, Policing and Community Safety at the Home Office, comments that despite a "comparatively short life, [ASBOs] have already had a real impact in reducing anti-social behaviour and protecting individuals and communities."15 The police also claim that anti-social behaviour orders are "effective and are responsible for reducing problems in areas of Coventry".16 While the law enforcements agencies and officials continually suggest the effectiveness of ASBOs, no much statistical data on the direct correlation between the use of ASBOs and reduction of anti-social behaviour is available to suggest the practical and direct use and effectiveness of ASBOs. Also, a review of literature suggests the lack of independent academic research on the effectiveness of ASBOs in tackling antisocial behaviour. What is available is the review and research undertaken by Home Office and those by some interest groups, favouring ASBOs or challenging/opposing ASBOs. Having said so, the available research, opinion polls, crime surveys and statistics, as discussed below, suggests that ASBOs have been, or, are seen as effective in curbing unruly behaviour and improving the quality of community life. While the 2003/04 British Crime Survey addresses antisocial behaviour, the survey largely centres on the public perception of anti-social behaviour. The 2003/04 British Crime Survey data reportedly shows that the proportion of people who perceived a high level of anti-social behaviour had fallen from 21% in interviews in 2002 to 18% in 2003.17 The Home Office research published on 12 December 2005 also reports that concern about anti-social behaviour is falling. It is reported that people perceiving high levels of anti-social behaviour in the Government's Trailblazer and Action Areas have fallen from 25 per cent to 19 per cent over the last two years - nearly twice as much the rest of the country.18 The survey suggests that antisocial behaviours are difficult to define, due to which apparently the data on reduction in anti-social behaviour have not been reported. Still, the survey shows that overall crime and disorder has fallen by 5%,19 Crime in England & Wales 2004-05 survey reports that the total number of crimes was down by 6% on 2003-04 figure.20 However, in both the surveys there has been an increase in the number of crimes recorded, supposedly due to recent changes in recording practices. Of particular significance in the context of analysing the effectiveness of ASBOs is the information that the risk of becoming a victim of crime has fallen from 40% in 1995 to 26% according to BCS interviews in 2003/04, the lowest level recorded since the BCS began in 1981.21 While the alleged 'criminalisation' of youth was a major criticism to ASBOs, the data reveals that risk of becoming a victim of crime has drastically reduced with the introduction of ASBOs and other crime reductions strategies, and indirectly suggests the usefulness of such orders in deterring criminal behaviour. There is also strong public support for issuing ASBOs to people responsible for anti-social behaviour - according to an opinion poll by MORI -- Market & Opinion Research International -- the largest independently-owned market research company in Great Britain, eight in 10 are in support (82%), whilst only 5% had expressed opposition, though only 39% considered that ASBOs are effective in stopping people from causing anti-social behaviour.22 MORI's analysis suggests that support for ASBOs is in part simply because it highlights that something is being done. The respondents reportedly feel that ASBOs are an effective sign of action: seven in ten (70%) agree that ASBOs send out a clear message that action will be taken against anti-social behaviour. About 50% of the respondents considered that ASBOs help to restore common standards of behaviour and respect in local areas, and 54% agree that ASBOs give victims a break from anti-social behaviour. About 60% thought that ASBOs are a good way of dealing with teenagers responsible for anti-social behaviour.23 One of the most noteworthy studies assessing ASBOs is that undertaken by Siobhan Campbell in January 2002, as part of the Home Office Research. Campbell analysed information from case files from 9 areas as well as conducted interviews in 14 areas throughout the country with local authority and police representatives, internal solicitors, magistrates and court clerks associated with ASBO applications as well as witnesses. The study observes that "[W] hen used successfully, ASBOs have managed to curb unruly behaviour, help rebuild the quality of life in communities and cement good relationships both between partner agencies and between these agencies and the community." 24 The study found that ASBOs were used successfully in a number of areas throughout the country both as a means to stop existing anti-social behaviour and as a deterrent to future acts. Her study found that while there was little difference between the overall number of ASBOs applied for by local authorities and the police -- 49% and 51% respectively, however the use of ASBOs was not consistent between different areas and agencies. Campbell identifies key issues and offers possible solution to improve the effectiveness of ASBOs in tackling anti-social behaviour. Campbell's study reports that a total of 466 ASBOs were granted between April 1999 and September 2001 and that a majority of ASBOs were applied on men and those 21 years of age and under. According to Home Office statistics, betweenApril 1999 and March 2005, about 5557 ASBOs were issued in England and Wales to people of all ages, -- 2431 ASBOs were issued to young people aged 10-17 and 2922 ASBOs were issued to people over the age of 18. According to a recent press release issued by Home Office, 918 orders were issued between April 2005 and June 2005, the percentage of ASBOs issued to juveniles being 43 per cent, which is one per cent lower than the previous quarter. As on June 2005 a total of 6497 of ASBOs were issued, as reported by the courts to the Home Office.25 While the increasing use of ASBOs may be seen as the government's uncompromising stance on antisocial behaviour, it is also suggestive of the effective application of the order in curbing the perpetration of antisocial behaviour. According to a study by the Social Landlords Crime and Nuisance Group (SLCNG), by 2003 four out of five (84%) of local authority housing departments thought that multi agency working on youth nuisance and anti-social behaviour initiatives has improved since the establishment of the crime and disorder reduction partnership and the introduction of the ASBO. However, it is significant to note that the use of ASBOs by local authority housing departments exceeded those by social landlords, as the former had easier access to the partnerships. Even so, while in 2001/02, 97% of registered social landlords and 88% of local authorities stated that they had found it difficult or very difficult to initiate ASBO proceedings, the figures have reduced to 71% and 55% respectively in 200326- the trend is also suggestive of the growing acceptance and potential use of ASBOs in tackling anti-social behaviour. Factors Affecting Effectiveness of ASBOs While the available researches generally agree that ASBOs have been effective in tackling antisocial behaviour, researchers have identified many problem areas in successfully using ASBOs. While the application of ASBOs shows a growing trend, many issues have been identified -- unnecessary bureaucracy, delays and excessive costs are stated to be the major impediments to effective use of ASBOs.27 The Metropolitan Police report that ASBOs are costly and cumbersome and were 'a hammer to crack a nut'28 - the report estimated that ASBOs cost in excess of 100,000. According to Home Office research an average ASBO costs more than 5,000 and takes over three months to obtain. Following Campbell's review, the government has introduced many measures to improve the effectiveness of ASBOs. The Police Reform Act 2002 reportedly introduced five important changes29: Courts may decide that an ASBO will be valid throughout the country; It will be possible to apply for interim ASBOs Registered social landlords and the British Transport Police are entitled to apply for ASBOs It will be possible for a court to impose an order at the same time as passing sentence for a criminal conviction. The county courts may impose orders under certain circumstances While these government measures and reforms are reflected in the increasing number of ASBOs being granted since 2002, it is significant to note that independent and/or academic evaluative research on the effectiveness of these policies and the use of ASBOs are not available. Officials often cite the decrease in crime rate in the recent surveys as a sign of the effectiveness of crime reduction strategies by the government, particularly the use of ASBO. While the claims are justifiable, the need for independent academic research in the area is reiterated. Use of ASBOs - Concerns and Solutions Even as the researchers suggest the effectiveness of ASBOs in tackling antisocial behaviour, the statistics on the breach of these orders raises questions and concerns about the effectiveness of ASBOs in deterring the perpetrators from engaging in antisocial behaviour. Campbell's review found that 36 per cent of the orders were breached within nine months of being granted -- some up to even five times. An analysis of the available cases reportedly revealed that in 60 per cent of cases, where information was available, there was some mitigating factor involved in the offender's anti-social behaviour such as drug and alcohol abuse, learning disabilities and school exclusions.30 Rachel Armitage in her study 'Tackling anti-social behaviour: What really works' questions the use and effectiveness of ASBOs: "If an offender is acting in an anti-social manner due to factors such as drug misuse, learning difficulties or alcohol misuse, it is debatable whether ordering them to stop doing something will ever solve the problem."31 Her study suggests the use and effectiveness of preventive measures such as the use of ABCs Parental Control Agreements (PCAs) and Agreements in Schools; mentoring programmes involving the community, school, and family of the offenders; diversionary activities as well as informal educational programmes. Yet, while these restorative programmes may be worthwhile, experience and research suggests the need for establishing strong measures within the criminal justice system to address anti-social behaviour. Though the issue of early criminalisation of youth presents significant implications and needs to be dealt with appropriately by all-concerned, the need for strong polices against anti-social behaviour, as ASBOs cannot be undermined. Uncompromising stance by the criminal justice system have always proven effective in dealing with crime in the U.K. and elsewhere. Though the strategies for implementation and/or enforcement of ASBO may be improved to incorporate restorative justice principles, the need and effectiveness of such orders continue to be pertinent. Another major concern raised by the Housing Rights Service is that ASBOs will be used as evidence of unacceptable behaviour and therefore a reason to exclude households from social rented housing for the duration of the ASBO. According to then preliminary findings from research being carried out by Shelter Scotland, show that a culture is developing in some local authorities whereby ASBOs are being used to deny access to permanent housing 32 Though these actions are illegal and can be challenged, the trend presents other potential social effects of ASBOs such as homelessness and needs to be addressed effectively by the government and local authorities. Conclusion Though not much statistical data is available to establish the use and effectiveness of ASBOs in controlling antisocial behaviour with precision and reliability, available research suggests that when used effectively, ASBOs have managed to curb unruly behaviour, and improve the quality of life in communities. Ensuring that ASBO are used effectively and cautiously, considering the intention of the legislation, rather than irresponsible and manipulative actions 'criminalising' youth, are the key to success of ASBOs and other crime reduction strategies ensuring, Strict enforcement of the orders, incorporating restorative practices involving the community and family in the intervention programme may improve the effectiveness of ASBOs in tackling antisocial behaviour. Bibliography 1. Anti-Social Behaviour Orders: Statistics 2005 Available at: http://www.crimereduction.gov.uk/asbos2htm Accessed 28/12/05 2. Armitage, R. 2002." Tackling anti-social behaviour: What really works" Community Safety Practice Briefing. Available at: http://www.crimereduction.gov.uk/antisocialbehaviour11.pdf Accessed 28/12/05 3. BBC News. 2005 "Asbos 'effective' in city areas" (7 April) Available at: http://news.bbc.co.uk/2/hi/uk_news/england/coventry_warwickshire/4422557.stm Accessed 28/12/05 4. BBC News (2004)"Crime crackdown plan: Your views" (20 July) Available at: http://news.bbc.co.uk/1/hi/talking_point/3906287.stm Accessed 28/12/05 5. BBC News (2004)"Full text: Blair on law and order (19 July) Available at: http://news.bbc.co.uk/1/hi/uk_politics/3907651.stm Accessed 28/12/05 6. Crime and Disorder: Tackling fear of crime & disorder in the community. 2002-03. Available at: http://www.crimereduction.gov.uk/fearofcrime0203.htm Accessed 28/12/05 7. Crime Statistics 2005. Available at http://www.crimereduction.gov.uk/sta_index.htm Accessed 28/12/05 8. Bland, N. and Read, T. 2000 "Policing Anti-Social Behaviour." Home Office Police Research Series 123. London: Home Office. 9. Campbell, S. 2002. A Review of Anti-Social Behaviour Orders Home Office Research Study 236 U.K. Home Office Research, Development and Statistics Directorate 10. Clarke, L. (2004) "The Bigger Picture on Antisocial Behaviour" (8 October) Available at: http://www.communitycare.co.uk/Articles/2005/10/24/46540/Antisocial+Behaviour.html Accessed 28/12/05 11. Crime and Disorder Act 1998 Available at: http://www.opsi.gov.uk/acts/acts1998/19980037.htm Accessed 28/12/05 12. Home Office. 2005. "Environment Agency to be Given ASBO Powers" Press Release Available at: http://press.homeoffice.gov.uk/press-releases/Envirnoment-agency-asbo-powers Accessed 28/12/05 13. Home Office 2005 "What is ASB" Available at: http://www.homeoffice.gov.uk/anti-social-behaviour/what-is-asb/ Accessed 29/12/05 14. Home Office. 2002. "A Guide to Anti-Social Behaviour Orders and Acceptable Behaviour Contracts" London: Home Office Communication Directorate 15. Housing Rights Service.2004 Response to Measures to Tackle Anti-Social Behaviour in Northern Ireland (April) Available at: http://www.housingrights.org.uk/downloads/policy/asb_measures.pdf Accessed 28/12/05 16. Hunter C. & Nixon J. 2003. "Initiatives by Social Landlords to Tackle Anti-social Behaviour: A Report of Action Being Taken by Members of the Social Landlords Crime and Nuisance Group" School of Environment and Development, Sheffield Hallam University 17. MORI (2005) "Public Concern About ASB And Support For ASBOs" (10 June) Available at: http://www.mori.com/polls/2005/asbo.shtml Accessed 29/12/05 18. Nixon, J., Hunter, H., and Shayer, S. 1999. "The Use of Legal Remedies by Social Landlords to Deal with Neighbourhood nuisance: Survey report. Centre for Regional Economic and Social Research Paper No. H8. Sheffield. Sheffield Hallam University 19. Palmer, S. 2001 "Anti-Social Behaviour Orders (ASBOs)." Metropolitan Police Report, Public Order Policy Unit 20. Skelsey, J. 2004. "Challenging Anti Social Behaviour Orders" Available at: http://www.bsblaw.co.uk/bsb-website-pix/Challenging%20ASBOs.pdf Accessed 28/12/05 Read More