I have never been a fan of the Anti-social Behaviour Order, as regular readers will be aware. Although the Orders have some limited usefulness, they are too often given to alcoholics and other addicts, as well as the mentally unwell.
When a Government starts to run out of ideas, just as the present one is doing, there is a temptation to introduce complex legislation, often aimed at a multiplicity of problems. Something must be done. This is something. So let's do it. The resultant law is often muddled and effectively useless, as well as sometimes unjust. The dreaded Law of Unintended Consequences comes into effect, as set out in this article.
I have just done a full day's training on the Anti-social Behaviour, Crime and Policing Act 2014, and apart from the usual linguistic tampering it is a ragbag of new powers, many of which do not require full judicial authority, but rather the opinion or judgement of a police officer (or even. lord help us, a PCSO).
This continues the trend of allowing judicial powers to trickle down the system, rather as some night club bouncers are to be empowered to issue fixed penalties.
We also did a session of training on new procedures for case management. A lot of that made sense, but the cynics among us wearily noted that it will all depend on the police and CPS getting their ducks in a row. At the moment, the canards are scattered all over the farmyard.
Musings and Snippets from a recently retired JP. I served for 31 years, mostly in west London. I was Chairman of my Bench for some years, and a member of the National Bench Chairmen's Forum All cases are based on real ones, but anonymised and composited. All opinions are those of one or more individuals. JPs swear to enforce the law of the land, whether or not they approve of it. Nothing on here constitutes legal advice.
Friday, November 21, 2014
Son Of ASBO
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Thanks for this alert. I wasn't aware of this illiberal legislation.ReplyDelete
You got a whole day's training??? Talk about favouritism!ReplyDelete
Yes, I was thinking that too. All we got was an email containing an attachment. The attachment was the usual self-learning booklet issued by the Judicial College. Useful enough I suppose, but it should be as well as, not instead of, proper formal training,Delete
The ducks have clearly taken flight from their moated houses and landed in the cess pits of Petty France.ReplyDelete
I disagree about the usefulness or not of ASBOs. I gave the first ever ASBO in the country following the riots, and I have no regrets whatsoever. If the conditions are thought through they are very useful tool, much more effective than a police 'slap on the wrist, take a caution .' There are far too many toerags thinking they can do what they like, whatever damage they cause and get away with causing mayhem.ReplyDelete