Solicitor warns about abuse of Asbos

A criminal defence solicitor based in the UK warned yesterday that the introduction of anti-social behaviour orders (Asbos) could…

A criminal defence solicitor based in the UK warned yesterday that the introduction of anti-social behaviour orders (Asbos) could lead to a sharp increase in the number of young people being placed in detention.

Matt Foot, the co-ordinator of Asbo Concern in the UK, said that 10 young people a week were being placed in custody since the introduction of such orders in Britain.

He also said the loose definition of what constituted anti-social behaviour in the UK had resulted in the abuse of the orders in some area.

"Behaviour 'likely to cause harassment, alarm or distress' is capable of including everyone from serious criminals to people whose appearances make us feel uneasy.

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"The abuse (of Asbos) is due in part to the frightening vagueness of the definition.

"In many incidents individuals are receiving a custodial sentence where the original offence was not itself imprisonable."

He gave several examples of cases which, he said, illustrated difficulties with Asbos, including:

A young Scottish woman who received an Asbo in March this year banning her from answering the front door in her underwear;

A 23-year-old woman from Bath who attempted to take her own life in a local river, but later received an Asbo in February this year banning her from entering the river again;

A petrol-sniffer who was jailed for breaching an Asbo in March this year that banned him from petrol station forecourts in northeast England.

Mr Foot was speaking at a press conference organised by the Coalition Against Asbos, a group representing more than 20 organisations.

Geoffrey Shannon, a child law expert and member of the group, said there was no need for Asbos as anti-social behaviour could be tackled using a "wide range of measures" contained in the Children's Act 2001.

"This is a knee-jerk reaction rather than a considered attempt to tackle juvenile crime.

"We need to stop panicking and behave responsibly when discussing anti-social behaviour."

He said there were 10 community sanctions contained in the Children's Act yet just two of these had been implemented.

Mr Foot and other members of Asbo Concern met with members of the Oireachtas yesterday, including Minister of State with responsibility for Children, Brian Lenihan.

Mr Lenihan told The Irish Times he would be discussing issues relating to the Children's Act and Asbos with Minister for Justice Michael McDowell.

Carl O'Brien

Carl O'Brien

Carl O'Brien is Education Editor of The Irish Times. He was previously chief reporter and social affairs correspondent