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Replacing the ASBO with the injunction to prevent nuisance and annoyance: a plea for legislative scrutiny and amendment

Lookup NU author(s): Dr Kevin J Brown

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Abstract

Summary: In May 2013, the Coalition Government introduced a Bill which if passed will streamline the tools available to tackle anti-social behaviour. One of their proposals is to replace the controversial anti-social behaviour order (ASBO) with what is termed an Injunction to Prevent Nuisance and Annoyance (IPNA). Although designed to tackle criminal and sub-criminal behaviour, this new intervention will be a purely civil order replacing the civil-criminal hybrid ASBO. This article explores some of the more troubling aspects of this part of the Bill including its expansive definition of anti-social behaviour, the avoidance of due process protections, the extensive restrictions that respondents may face and the likely impact of its use on young people. With legislation presently under Parliamentary scrutiny, this article calls for amendments to avoid the most problematic aspects of the ASBO being not just replicated but amplified.

Publication metadata

Author(s): Brown KJ

Publication type: Article

Publication status: Published

Journal: Criminal Law Review

Year: 2013

Volume: 8

Pages: 623-639

Print publication date: 01/08/2013

ISSN (print): 0011-135X

Publisher: Sweet & Maxwell Ltd.

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