Leatherhead Matters

The Government’s last big idea to curb anti social behaviour, ASBOs (anti social behaviour orders) haven’t worked.

The number of ASBOs issued in England and Wales has fallen by a third, according to Home Office figures. In all 2,706 orders were granted in 2006, the most recent period for which statistics are available, compared to 4,123 in 2005. The number of breaches of ASBOs is also increasing and has reached a staggering 49% suggesting the perpetrators do not perceive an ASBO as an effective deterrent.

So what does an unpopular government do for its next big idea to curb anti social behaviour?

Youths who persistently misbehave and intimidate others in their communities should be “harassed themselves”, Home Secretary Jacqui Smith said today. She said she wanted police to “turn the tables” on those who were violent and disruptive and who would not “live by the rules that the rest of us do”. This could include repeated home visits and checks to identify benefit fraud or council and road tax non-payment.

So we have a government which wants the police to actively “harass” a section of the community. This sound like the old SUS Law, which was abolished after the Bristol race riots in the early ’80’s but, without any legal framework”. This law was abolished because it gave police unfettered power to harass one section of the community (young black males).

I’m not a lawyer but, it seems to me our Home Secretary has given individuals, who may be subject to the  harassment, a perfectly legal defence under the Human Rights Act:

Article 7: No punishment without law

1. No one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence under national or international law at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the criminal offence was committed.

2. This Article shall not prejudice the trial and punishment of any person for any act or omission which, at the time it was committed, was criminal according to the general principles of law recognised by civilised nations.

Instructing the police to harass citizens is not law. So what we have is another stunt by a tired government. Talking tough gets a cheap headline but, this proposal will do nothing to curb anti social behaviour. Notice there is no mention of a much more effective deterrent…..temporarily depriving them of their state benefits. This latest gimmick may have something to do with countering a proposal by David Cameron earlier this year. He wants to introduce a law which would enable the police to stop & question  a citizen but, without having to fill in the subsequent 20 page monitoring report introduced by New Labour.

Read more at BBC NEWS | Politics | Harass young thugs, police urged