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ANTISOCIAL BEHAVIOUR:
Me and my Asbo
Asbos have become a byword for loutish
youthful behaviour, but do the orders really work? Mahta Hassanzadeh and
Mervin Martin ask four young people who have received them. When
antisocial behaviour orders (Asbos) were introduced under the Crime and
Disorder Act in 1998, no-one would have predicted how they would become
closely associated with loutish teenage behaviour. The orders were
intended originally to be issued to children and young people only in
exceptional circumstances. But official government figures show that
1,555 - more than one in three - were given to 11- to 18-year-olds in
2005.
Some police forces and local authorities,
such as Manchester City Council, have made heavy use of the orders,
using them as a metaphorical slap on the wrist in their quest to reduce
anti-social behaviour. But others have widely avoided their use, worried
about stigmatising young people who may have complex needs.
Campaigning groups such as Asbo Concern
and Liberty argue Asbos are too often applied inappropriately and not in
accordance with the law. They believe that Asbos are frequently used to
penalise young people for trivial behaviour such as kicking a football
against a wall, or on occasion, in cases where more serious criminal
convictions should be applied.
Liberty says that it is "deeply
concerned" about the way Asbos are applied. "If individuals are
committing crimes of intimidation or harassment, then the criminal law
should be used to tackle their behaviour," says a spokesperson.
A report from the British Institute for
Brain Injured Children in February also indicated that a
disproportionate number of young people who have mental health problems
or learning difficulties are continuing to receive the orders.
So far, little official evidence has been
gathered to establish the effectiveness of Asbos in deterring young
people from committing antisocial or criminal acts, although the Home
Office minister Tony McNulty has pledged to look into the matter.
What evidence that does exist has
highlighted major concerns about the use of the orders. A study
published last October by the Youth Justice Board, based on 173 cases,
concluded that often they are seen as a "badge of honour" among young
people. Separate Home Office research shows that nearly one in six
under-18s breached their Asbos in 2005.
Despite growing scepticism, some local
authorities and residents remain convinced that Asbos work. Areas such
as Greater Manchester have reported dramatic falls in the incidences of
antisocial behaviour since the introduction of the orders and view them
as an effective way of nipping problem behaviour in the bud.
So what do the young people who have been
on the receiving end of the orders think? Here, we ask four of them
whether they believe they are an effective measure in combating
antisocial behaviour.
JAMES, 15, NORTH LONDON
James was given an Asbo a year ago for
drinking and being disruptive in a public place. He didn't care and
his family weren't that bothered. "My mum was angry for a bit but
that's it," he says. "I was really annoyed because the order banned me
from hanging around with my mates."
James says his attitude and behaviour
have remained the same despite the Asbo. "An Asbo won't change me. I
still go out drinking and smoking but now I just do it in different
places and with different people," he says. "I'm a lot more sly about
it now."
He's glad that he wasn't named and
shamed in a newspaper, not because he was ashamed of his punishment
but because he didn't want people knowing his business. Receiving an
Asbo did change the way certain people acted around him, though. "Some
people started treating me with a bit more respect," he admits.
So does he view Asbos as a badge of
honour? "For some people they are," he claims. The experience has had
almost no impact on James - going to court wasn't an issue: "I'd been
to court with friends before, but it was the first time I'd been there
for something I had done. The judge gave me some boring lecture that I
didn't listen to."
According to him, Asbos don't really
work. "Young people don't change just because they get an Asbo," he
says. "They either don't care or they think they are some big man for
getting one." waste of time."
RICKY BOYLAN, 18, SURREY
"I reckon they should stop giving out
Asbos because people don't listen, they just go out and breach it
again." So says Ricky Bolan, an 18-year-old who was issued with an
Asbo for drinking and fighting and then named and shamed in his local
paper.
The order prevented Ricky from entering
Sutton Shopping Centre in Surrey with his friends and, if caught
drinking or fighting there, he faced arrest and imprisonment. But
receiving the order hasn't prevented him from committing further acts
and he's been arrested twice since for breaching the contract. This
led to a fine and being put on probation.
"Kids don't take Asbos seriously but
the Government does," he says. "They should ban them from drinking
instead of banning them from an area. Giving out Asbos sort of works
because it stops them from causing trouble in the area, but they won't
stop kids from doing it."
The terms of Ricky's Asbo also
prevented him from mixing with certain friends and banned him from
certain places. For Ricky, it wasn't just the order that was the
problem but the upset he felt when his name appeared in the newspaper.
"I was gutted," he says. "It's not right." The Asbo might not have
made Ricky change his ways but he does think that in some cases they
are effective. "It's 50/50 whether they work," he says. "But I think
Asbos should be stopped."
RICKY, 19, EAST LONDON
When Ricky received his first Asbo two
years ago for attacking a bus driver who wouldn't let him on the bus,
he didn't think much of his punishment. His disregard led to him
recently receiving a second Asbo, this time for attacking a security
guard who, he claims, wrongly apprehended him and a friend. The
conditions of the Asbo banned him from the shop in question and the
surrounding area. Now 19, Ricky says the orders have given him "a
second chance" and he was lucky he didn't receive an assault or
grievous bodily harm charge.
But going to court to receive his Asbos
was stressful. He didn't care too much at first but waiting to hear
the judge's decision was an experience he does not want to repeat.
"It's not a good feeling to know that someone gets to decide what
happens to you," says Ricky.
At the time, he was already on
probation and was relieved that he was only given an Asbo. "I saw it
as a bit of a joke but other young people think they give them street
cred," he says.
Looking back, he admits that Asbos are
just not worth the trouble. He says the situation caused hurt and
embarrassment for his family: "The only reason I felt guilty was
because I didn't want to hurt or stress out my mum."
So does he think Asbos are effective at
deterring young people from crime? "It depends on the person," he
says. "I didn't care but now I can see it's not clever."
LISA MARIE, 17, SOUTH LONDON
Some young people who get Asbos think
it's cool to have one, but there are others who think otherwise.
"Having an Asbo is nothing to be proud of," says 17-year-old Lisa
Marie from south London, who received an Asbo for six months after
throwing bricks and being disruptive while hanging around with a large
group of friends. "I felt quite angry because they told me I wasn't
allowed to hang around with them anymore," she says.
Receiving the Asbo didn't really have a
major impact on her life but it did prevent her from hanging around
with certain friends. She was also wary of breaching the terms of the
order in case her and her dad were evicted from their home. Lisa Marie
had to abide by the contract that she, her dad, a representative, and
a police officer had to sign.
She found some of the details of the
order - such as facing up to five years in prison and a fine if she
breached the order - upsetting and too harsh. According to Lisa Marie,
her dad just wanted everything to be over so he signed the contract,
whereas some parents write back and refuse to sign because they have
no proof of their kids doing anything wrong. Her dad was quite angry
that none of her friends were given Asbos and that she was singled
out.
But Lisa Marie has decided not to let
the order overshadow her life and is now studying A-levels at her
local college.
Mahta Hassanzadeh and Mervin Martin
11 July 2007
http://www.ypnmagazine.com/news/index.cfm?fuseaction=full_news&ID=14859
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