Ministerial support for Asbos
Friday 5th March 2010, 2:59PM GMT.
Home Affairs Minister Ian Le Marquand.
JERSEY’S Home Affairs Minister has supported acting chief police officer David Warcup’s calls to introduce Asbos.
Senator Ian Le Marquand said that giving courts the power to introduce Asbos on conviction ‘was worth exploring’.
Mr Warcup yesterday said that the States should consider giving the courts powers to hand down Asbos, which impose restrictions on a person’s movements or behaviour.
The UK has two types of Asbo: civil orders imposed by a magistrate after a case is brought by the police or council; and those handed down by a magistrate or judge after a defendant has been convicted of a criminal offence.
What do you think? Should Asbos be introduced in Jersey? Register your vote below.
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Yes – this is a good idea
But – It should be done under an entirely new naming convention. From what I have heard, in some areas of the UK the youth do not fear receiving an ASBO and among certain groups its ‘cool’ to have an ASBO.
This is obviously something to keep in mind and avoid but the system could help control offenders and re-offenders.
Possibly introduce a 3-strike system like the USA has. If you are given your third ASBO for minor offences, at that point community service is on the cards.
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As per one critic in the UK: ASBOs are just “a distraction from the failure of the government’s law and order policies”
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Or even better. an ASBO type of order is given to a young offender, however, this order is not to appear on the persons permanent criminal record.
If this person is then at a different time given their second and third ASBO. Then all three offences will appear on their record.
As a 24 year old who had a brush or two with the law when I was a bit younger, I know this would have made me think twice before…. doing certain things haha. Because when theses things are on your record it will stop you from travelling to certain countires and applying for certain jobs.
If I ruled the islnad ay…. haha
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A.S.B.O.s will not be the panacea to resolve all the reported yobbish behaviour and violence on the Island’s streets. It all sounds very good, but there is little evidence of them really having a significant contribution in maintaining law and order in England and Wales. What is really needed is some robust policing backed up by more appropriate sanctions from the rest of the Criminal Justice System.
A.S.B.O.s are reportedly expensive to set up and adminster and many operational police officers I know in the U.K., don’t really rate them as helping in keeping order. I believe ‘binding over orders’ or ‘conditional discharges’ can be just as effective in deterring misbehaviour, as can civil injunctions.
Perhaps ‘PJG’ or ‘Clown Advocate’ could advise on this issue.
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ASBOS
Apply Swift Birching Or Stocks.
That would stop the little so-and-so (or so-and-so senior) in their tracks.
Otherwise it seems to be about as effective as a good telling off – i.e. not very.
I like the USA model – three strikes and you’re off to La Moye for a short sharp shock.
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KJ,
As I understand it the ASBO is a civil injunction (sort of like a non molestation order) which sets restrictions on where our errant youth can go, what they can do and so on. While having an ASBO slapped on you is not a crime in and of itself, breaching the terms of it is a criminal offence. As such it should only be a problem if the person in question actually breaches the terms of the original ASBO. How this would be enforced is a good question, considering how we’re not recruiting any more Police this year…
V.
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I always reckoned that David Warcup was the best man for the job and look at this idea for cutting down crime. You have to hand it to our new Chief he has his head screwed on.
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An ASBO will be useless in Jersey due to the fact that the yobs are fully aware that they carry no weight of enforcement. They will just keep the police tied up in even more paper work instead of being out on the streets doing the job they should be doing……preventing crime.
Yet again Jersey is ten years behind the UK.
It is a half thought out idea and is a knee jerk reaction to the JEP’s excellent report on violence in St Helier. Repeat offenders of yob or violent behaviour should be locked up away from society. Three strikes and your out.
End of game.
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Just another ineffective string to the ineffective policing bow that operates in Jersey!!!
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Nathan Jordan # 6. I believe you are right, A.S.B.O.s are similar to injunctions and in some cases don’t need the same level of proof as is required to secure a conviction. I have also heard hearsay evidence, which (except in certain circumstances) would be inadmissible in a criminal case, may be accepted to obtain an A.S.B.O.
In England and Wales local authorities have a so called Anti Social Behaviour Co-ordinator, who arranges multi-agency meetings, involving the police, probation service, local authority housing officers, youth offending teams etc., etc. They seem to be glorified talking shops, where anything from neighbourhood disputes to dog fouling and litter offences are discussed.
Often before an A.S.B.O. is applied for, suspected hooligans are asked to agree to sign up to and Anti Social Behaviour Contract or A.B.C. When the contract is broken do they look at A.S.B.O.s but from what I have seen this rarely occurs. They can also apply for an A.S.B.O. following a conviction for specified offences, but they are so expensive to set up this rarely occurs.
To reiterate, Jersey would be better off sticking with bind overs, conditional discharges and the sort of injucntions the current legislation provides. Above all the Island appears to need more rigorous law enforcement…..the ball is firmly in Acting Chief Officer Warcup’s court there.
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I think we should introduce ASDA and not ASBO,s as ASDA are far more cheaper! I don,t think we should have two like the uk one is enough but we should introduce an ARGOS.
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Short sharp lesson.
Let them spend one or two weekends at La Moye, show them how the low life live.
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Since the police can’t be everywhere at once this will only work if the public know who has had restrictions imposed on them and roughly what those restrictions are, then members of the public can phone the police. But then it isn’t really our job to keep an eye on others.
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It doesnt work in the UK and frankly it doesnt follow the Rule of Law. People shouldnt be prosecuted in Civil Courts particularly without being able to cross examine witnesses.
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total waste of time and admin.
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There is popular band in Liverpool called Asbo, apparently they have a recording contract and are due to release an album soon.
‘Yoof’ enjoy the Asbo badge of honour, like the punk era when it was cool to go against society and spit at people. I think its a daft idea, and will only worsen the situation.
It clearly has not worked in the UK and the government are completely out of touch.
Any child out of line, should be warned and then locked up in the evening and weekends until they get the message.
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Highly visible community service would I believe be the answer, Labeled Bright orange suits worn so everyone knows why they are sweeping the streets,painting the railings,or whatever is needed, save labour costs and get some restitution from offenders,adds the humiliation factor to the reparation,something I know they would Not be in a hurry to endure again,unlike prison where they rub shoulders with older jaundiced offenders,learn the criminal ropes,indulge in drugs,plenty in the nick,3 squares a day,medical/dental care ,colour T.V. central heating,free gymnasium training facilities and come out thinking they are a hard kiddy…on the street..,must cost us all a grand a week each,and who are the mugs….
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