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By J
08/02/2011

Proper Crimbo!*

In More Effective Respopnses to Anti-Social Behaviour the Government sets out its plans for reforms of the ASBO and other associated remedies. In brief, the government thinks that:

(a) there are too many tools for dealing with ASB and practitioners tend to stick with the ones they know best;

(b) some tools (especially the ASBO) are slow, bureaucratic and expensive;

(c) ASBOs are not deterring ASB;

(d) tools designed to deal with underlying causes of ASB are rarely used.

Therefore, the government proposes to abolish some 17 remedies (ASBO, CRASBO, Interim ASBO, ASB injunction, individual support order, intervention order, crack house closure order, premises closure order, brothel closure order, designated public place order, special interim management order, gating order, dog control order, litter clearing notice, noise abatement notice, graffiti/defacement removal notice, direction to leave, dispersal order. phew) and to replace them with five new remedies:

(a) The Criminal Behaviour Order (“Crimbo”?), available on conviction for criminal offences;

(b) The Crime Prevention Injunction (“Crip”?), available in civil proceedings, with the corresponding burden of proof;

(c) Community Protection Order, level 2 (this is getting silly now – it sounds like something my cousin would have on his Xbox), a power for the court to order that a building or place be closed/have access limited;

(d) Community Protection Order, level 1 (get a Mario-mushroom to power up to level 2!), an order that attracts a financial sanction if breached;

(e) Police ‘direction’ power (the bling-removal order), giving police the power to require people to leave a particular area and to confiscate items from them.

Despite my mockery, there are some important points in the consultation: should other remedies be abolished? (A: yes, the Drink Banning Order, or Dribo); how should this regime apply to the under 18s? Those who want to reply to the consultation should do to so ASB-consultation@homeoffice.gsi.gov.uk by May 3, 2011.

* If you’ve never watched Bo Selecta, this joke means nothing to you.

Posted in: ASB | Housing law - All
J is a barrister. He considers housing law to be the single greatest kind of law known to humankind and finds it very odd that so few people share this view.

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