The ASBO: Regulating behaviour and manipulating law.

Source: (2010) In, Katherine Doolin, et. al, eds., Whose criminal justice? State or community?. Hook, Hampshire: Waterside Press. Pp. 87-105.

I will question whether the civil status which allows the state to avoid standards of due process traditionally required for criminal intervention can be justified? It is contended that the civil label allows the state to avoid various procedural protections associated with criminal proceedings enshrined in the European Convention of Human Rights. It will be argued that Article 6 (the right to a fair trial) ECHR which provides extra protection in criminal cases should apply to the first stage of ASBO proceedings. The chapter will begin with a brief history of the development of the ASBO. This discussion will include the rationale for the ASBO in England and Wales and explain what the ASBO is and how it works. The second part of this chapter will focus on a critique of the civil status of the ASBO and the final part will consider the possible effects of a criminal classification. (excerpt)