Out with Asbos – and in with iPod seizures

Troublemakers could have their passports confiscated under an overhaul of the powers available to courts and police to tackle persistent anti-social behaviour.

Those responsible could also be stripped of prized possessions such as iPods by magistrates and be banned from parts of their home towns and cities. Police will also be forced to take action if they receive several complaints of hooliganism against an offender.

Theresa May, the Home Secretary, yesterday published details of the new Criminal Behaviour Order, the Coalition's replacement for Labour's widely criticised system of anti-social behaviour orders. She said Asbos were too bureaucratic and costly and did not tackle the root causes of offending. The growing numbers of people who breached their orders suggested they were no longer an effective deterrent.

The powers available to the authorities, including Asbos, will be superseded by five new orders and injunctions, typically banning offenders from designated areas or requiring them to stay out of trouble. They could also be instructed to take steps to improve their behaviour, such as attending drug rehabilitation programmes.

Ms May insisted the shake-up would result in swifter justice for victims, but charities condemned them as little more than a rebranding exercise. The proposals include allowing magistrates to ban offenders from taking holidays abroad as an incentive to comply with court orders to curb their unruly behaviour. They will also face losing status symbols such as electronic devices if they continue to offend – just as major criminals can have their assets seized.

James Brokenshire, the Crime Prevention minister, said: "We are looking at a range of issues that might have an impact on how people behave. Let's be clear – we're not talking about police being able to seize things in the community. This is about going to court, evidence being produced and what sanctions may be appropriate for the courts to consider. Obviously, if someone's passport is taken away then that could have an impact on their ability to travel."

In a consultation document on replacing Asbos, the Government also detailed plans for a "community trigger" after the ordeal of Fiona Pilkington, who killed herself and her disabled daughter Francecca in 2007 after being terrorised for years by youths outside their home in Leicestershire. Authorities would be forced to act if several people in a neighbourhood protested about persecution, yobbery or vandalism or if one victim complained three times without action being taken.

New crime-prevention injunctions, designed to nip bad behaviour in the bud before it escalates, would be easier to obtain because they would carry a civil, rather than criminal, burden of proof. Adults who breached them could be jailed, while under-18s would face curfews, supervision or detention.

Other proposals include community protection orders, which would give councils powers to stop graffiti, noisy neighbours or dog fouling. They could also be used for "more serious disorder and criminality", such as closing a property being used for drug deals. The Children's Society said the measures appeared to be "more of a rebranding exercise than anything else".

Bob Reitemeier, its chief executive, bemoaned "a missed opportunity to adopt a more effective approach for dealing with children and young people who are deemed to be anti-social".

Asbos versus Cbos

Asbos

Magistrates need proof beyond reasonable doubt against person named.

CBOs

Courts have to accept only on the "balance of probabilities" against person facing a Criminal Behaviour Order.



Asbos

Police and councils have no obligation to pursue an Asbo against an offender.

CBOs

Authorities will be forced to take action if five or more people complain or if one victim complains three times.



Asbos

Can be used only to prevent offending behaviour, not as a punishment.

CBOs

Possessions can be confiscated or passports seized for failure to comply.

Start your day with The Independent, sign up for daily news emails
Arts and Entertainment
Supporting role: at the Supreme Court, Rhodes was accompanied by a famous friend, the actor Benedict Cumberbatch
booksPianist James Rhodes on the extraordinary legal battle to stop the injunction of his memoirs
Arts and Entertainment
Jesuthasan Antonythasan as Dheepan
filmDheepan, film review
Sport
Steven Gerrard scores for Liverpool
sport
News
Tattoo enthusiast Cammy Stewart poses for a portrait during the Great British Tattoo Show
In picturesThe Great British Tattoo Show
Have you tried new the Independent Digital Edition apps?
News
ebookA unique anthology of reporting and analysis of a crucial period of history
Latest stories from i100
Have you tried new the Independent Digital Edition apps?
Independent Dating
and  

By clicking 'Search' you
are agreeing to our
Terms of Use.

iJobs Job Widget
iJobs General

Guru Careers: Software Developer / C# Developer

£40-50K: Guru Careers: We are seeking an experienced Software / C# Developer w...

Guru Careers: Software Developer

£35 - 40k + Benefits: Guru Careers: We are seeking a Software Developer (JavaS...

SThree: Trainee Recruitment Consultant / Resourcer

£18000 - £23000 per annum + Commission: SThree: As a Trainee Recruitment Consu...

Ashdown Group: UI Developer - (UI, HTML, CSS, JavaScript, AngularJS)

£25000 - £40000 per annum: Ashdown Group: UI Developer - (UI, JavaScript, HTML...

Day In a Page

Sun, sex and an anthropological study: One British academic's summer of hell in Magaluf

Sun, sex and an anthropological study

One academic’s summer of hell in Magaluf
From Shakespeare to Rising Damp... to Vicious

Frances de la Tour's 50-year triumph

'Rising Damp' brought De la Tour such recognition that she could be forgiven if she'd never been able to move on. But at 70, she continues to flourish - and to beguile
'That Whitsun, I was late getting away...'

Ian McMillan on the Whitsun Weddings

This weekend is Whitsun, and while the festival may no longer resonate, Larkin's best-loved poem, lives on - along with the train journey at the heart of it
Kathryn Williams explores the works and influences of Sylvia Plath in a new light

Songs from the bell jar

Kathryn Williams explores the works and influences of Sylvia Plath
How one man's day in high heels showed him that Cannes must change its 'no flats' policy

One man's day in high heels

...showed him that Cannes must change its 'flats' policy
Is a quiet crusade to reform executive pay bearing fruit?

Is a quiet crusade to reform executive pay bearing fruit?

Dominic Rossi of Fidelity says his pressure on business to control rewards is working. But why aren’t other fund managers helping?
The King David Hotel gives precious work to Palestinians - unless peace talks are on

King David Hotel: Palestinians not included

The King David is special to Jerusalem. Nick Kochan checked in and discovered it has some special arrangements, too
More people moving from Australia to New Zealand than in the other direction for first time in 24 years

End of the Aussie brain drain

More people moving from Australia to New Zealand than in the other direction for first time in 24 years
Meditation is touted as a cure for mental instability but can it actually be bad for you?

Can meditation be bad for you?

Researching a mass murder, Dr Miguel Farias discovered that, far from bringing inner peace, meditation can leave devotees in pieces
Eurovision 2015: Australians will be cheering on their first-ever entrant this Saturday

Australia's first-ever Eurovision entrant

Australia, a nation of kitsch-worshippers, has always loved the Eurovision Song Contest. Maggie Alderson says it'll fit in fine
Letterman's final Late Show: Laughter, but no tears, as David takes his bow after 33 years

Laughter, but no tears, as Letterman takes his bow after 33 years

Veteran talkshow host steps down to plaudits from four presidents
Ivor Novello Awards 2015: Hozier wins with anti-Catholic song 'Take Me To Church' as John Whittingdale leads praise for Black Sabbath

Hozier's 'blasphemous' song takes Novello award

Singer joins Ed Sheeran and Clean Bandit in celebration of the best in British and Irish music
Tequila gold rush: The spirit has gone from a cheap shot to a multi-billion pound product

Join the tequila gold rush

The spirit has gone from a cheap shot to a multi-billion pound product
12 best statement wallpapers

12 best statement wallpapers

Make an impact and transform a room with a conversation-starting pattern
Paul Scholes column: Does David De Gea really want to leave Manchester United to fight it out for the No 1 spot at Real Madrid?

Paul Scholes column

Does David De Gea really want to leave Manchester United to fight it out for the No 1 spot at Real Madrid?