Yates (2009), claims that the orders are more concerned with the ‘prevention and ‘control of young people’s movements and behaviour ‘that were once regarded as ‘relatively minor acts of youthful transgression’ (Yates, 2009:4).
That aside, an ASBO can be applied for by local authorities, police forces (including the British Transport Police) and by registered social landlords, but not by members of the public and can last for a minimum of 1 year and a maximum of 3 years.
Although a young person does not receive a criminal record with an ASBO, breach of the order could result in a custodial sentence of up to five years, without the right to evidence that might disprove the allegations provided by the plaintiff Jones (2001:8). A person in breach of the ASBO can then be brought before a Judge, and should the Judge decide the matter cannot be disposed of straightaway, can remand the respondent into custody, without the young person being able to disprove the allegations by the plaintiff, (subsection (3) (A) or (B) set in section 9 of the Anti-Social Behaviour, Crime and Policing Act 2014).
The Crown Prosecution Service (2014) state anti-social behaviours orders ‘are not intended to punish the individual and they are designed to be ‘preventative’, not ‘punitive’, yet it may be argued the introduction of the Anti-Soc...
... middle of paper ...
...ed debt, family breakdown, loss of employment, and social stigma’, which has raised ‘important questions’ regarding increasing numbers of young people who have ‘multiple social needs’. It is argued ‘many young people continue to be left unsupported on completion of their sentence’ and as a result the risk of re-offending is largely increased which has led to a failure of reducing reconviction levels’ which Solomon and Garside (2005:52) argue, is ‘a reflection of the lack of service provision available to children and young people once they leave custody or the supervision of a YOT, as well as broader Socio-Structural Factors.
‘On re-offending’ the government has failed to make any progress. All the targets have been missed, representing a significant failure for a system that is designed to reduce the likelihood of further conviction’.
Solomon and Garside (2007:52)
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