Monday, February 07, 2011

ASBO or CBO what's in a name?

In an effort to remove Labour from the collective memory in the same way ancient Pharaohs had their enemies names removed from monuments the ASBO is about to be consigned to the scrap heap.

Now personally I disliked the glib term of ASBO ooh anti-social behaviour; excellent now who gets to define what anti-social is? If I don't join in with the neighbourhood barn-raising does that make me anti-social? The closest definition is a civil version of breach of the peace tied to loitering.

Now the talk is of CBOs or Criminal Behavioural Orders, unfortunately there's a huge flaw highly apparent there for those who took in that ASBOs are civil orders not criminal ones - remember two courts and laws civil and criminal. So unless the government are criminalising anti-social behaviour that's a problem; and if they are that's a bigger problem for the reasons I've mentioned regarding definitions.

The media have latched onto the taking away of "iPods" or other electronic gizmos which is in a sense a temporary version of the Proceeds of Crime Act remember my thoughts on that? Excellent they're going to take his iPod; except it's not his it's his friend's cousin's friend's and thus you can't touch it.

More importantly (and about time too) are the notion of Community Triggers that is once complaints from five people come in it has to be examined. It's hard to emphasise how important this is to get down in a binding form, but this remark helps

Some chief constables also say that the government is in danger of putting a higher value on neighbourhood policing than on other areas such as counter-terrorism and dealing with more serious criminals.
Yes and do you think that "serious criminals" just pop into being fully formed - they all started somewhere care to guess where?

So that's from the media how about the actual press release from the Home Office?

  • Community Triggers - check.
  • Criminal Behaviour Orders - check... after conviction. So civil or criminal?
  • Crime Prevention Injunctions. Using civil burden of proof though. If that's in a criminal court that's a nasty precedent to set.
  • Community Protection Orders. Please define "community", but no this sounds good putting the burden on the council or police to prevent persistent behaviour in set areas. Although this has a "Bear Patrol" ring to it.
  • Police Direction Powers; sorry Police 'Direction' Powers. This seems to be where the take your iPod media slant comes from note "confiscate related items" - hanging around on street corners we're taking your iPod and your hoodie and um what size shoe do you take? Okay we're taking your trainers too definitely a related item to your ability to stand there.

So yeah a mixed bag there; some good intentions, but as I've said before in reply to those "give the police powers" they might turn on you next.

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