miked10270 0 #1 November 4, 2004 Herewith the latest from the BBC ASBO-Watch... Remember that ASBOs are issued by courts after a hearing (fair trial). Remember that the idea behind the ASBO is to preserve the freedoms of the majority, and curtail the freedom of those who abuse it. Who decides if an ASBO is issued? A judge AFTER what amounts to a trial. Anyway: http://news.bbc.co.uk/2/hi/uk_news/magazine/3979263.stm You can't just clamp cars because you want to. It's official. One man who did just that is among the latest recipients of an Asbo. The Magazine is keeping tabs. It's been another busy few weeks for fans of the Asbo, or anti-social behaviour order. No sooner had it been announced that one third of all the orders were broken that new plans to up the war on yobs were unveiled. Noise-makers, graffiti artists and litter louts will all be open to council-imposed fines under government proposals. And Tony Blair said the number of special courts dealing with anti-social behaviour would be tripled, while witnesses in such cases would be offered greater protection. Meanwhile, there was no let-up in the number of Asbos actually being issued. Here are some of the most original. WHEEL CLAMP TERROR In a case to warm the hearts of motorists everywhere, magistrates successfully turned the power of the Asbo against a rogue wheel clamper. There's one less clamper in town... A 38-year-old public "menace" from Portsmouth was handed a five-year order for "intimidating and harassing" drivers and "causing distress". Not only was he clamping cars parked on land where he had no licence to operate, but he once impounded a police car. He was also reported to have tried to clamp two cars as they performed three-point-turns. He was believed to be one of the first clampers in the UK to be given an Asbo. TWO'S COMPANY A family accused of damaging property, driving recklessly, threatening neighbours and using abusive language have been banned from going out together. Asbowatch I: The war against hats The wonderful world of Asbos After hearing of the plight of their neighbours on Merseyside, a court told the mother, father and three sons - aged 16 to 20 - they can only leave their homes in pairs. They are also banned from meeting more than one friend at a time and face a 2300 to 0700 curfew. A CCTV camera has been installed on their road to make sure they abide by the order. The temporary Asbo, in force until a further court hearing on 6 December, is thought to be the first used against a whole family. MUD SLINGING It is often tearaway children who cause the most distress to their communities, a problem Asbos are frequently used to tackle - with orders tailored to the individual troublemaker. Eggs are for eating In Atwick, Yorkshire, a 17-year-old youth has been banned from throwing mud at windows. Or eggs for that matter. He has also been banned from causing damage to flowers and plant pots when entering gardens without the owner's permission. Down in Warwickshire a 15-year-old boy known for his disruptive and aggressive behaviour has been banned from swearing and using violence, or threats of violence, against people "not of his household". Quite what that means for people unfortunate enough to live with him is unclear. PICNIC SITE SEX There have been too many people enjoying the great outdoors in one corner of Lincolnshire. Families visiting the Stickney picnic area on the A16 were upset to find they were sharing it with men meeting for casual sex. After unsuccessfully trying to reclaim the area for villagers by holding a party there, residents decided to ask for Asbos to be handed to their unwanted guests. "We've got a local guide troop that have been excluded from the picnic area because of the nature of these acts," said parish councillor Brian Wood. Should it be decided that Asbos can be used to tackle the problem, locals will be asked to report any lewd acts they spot. FOOTBALL CRAZY "At one point I had 12 footballs which had been confiscated from him in barely two weeks," said a despairing policeman charged with tackling one soccer mad youngster's behaviour. Not only did the 15-year-old use bus stops as goalposts, but he had no regard for the fact other people were trying to use the street he considered his pitch. Should professional footballers get Asbos? "It was not uncommon to see him in the middle of the road with traffic backed up in both directions while he kicked the ball 30 to 40ft up in the air," said the officer Not any more - the County Durham youngster has been banned from playing football in the street, on pain of an Asbo-enforced punishment. It is an idea which some want to see extended to the world of professional football. Following the fracas which accompanied the recent Manchester United vs Arsenal game, Liberal Democrat Lord Dholakia said misbehaving stars should be made an example of. "What happens on the football field is as important as what happens outside the grounds," he said. Lord Dholakia asked a government spokesman: "If the Football Association, or for that matter those in charge, cannot take appropriate action, would you not recommend to the police the use of the government's much-publicised anti-social behaviour order against some of these people?" SHAMELESS A gang who intimidated residents of Gorton, Manchester, quickly turned on a glamorous new target when a TV crew arrived on their estate. The crew of the hit Channel 4 series Shameless were "persistently interrupted" as they tried to film the series earlier this year. Police were called and the youths identified - including 16-year-old Steven Birchall. On Wednesday he was banned from acting anti-socially anywhere in England or Wales. Let's not forget that punishments for breaching ASBOs are draconian and can include eviction from the offenders' homes! Mike. Taking the piss out of the FrenchAmericans since before it was fashionable. Prenait la pisse hors du FrançaisCanadiens méridionaux puisqu'avant lui à la mode. Quote Share this post Link to post Share on other sites
peacefuljeffrey 0 #2 November 5, 2004 I'm afraid I just don't get it. I really don't. What does it mean to be served an ASBO that says you are banned from destroying others' property?? Doesn't the LAW say that, for ALL of the people?! Is an ASBO just a way of saying, "Commit this crime one more time, and we'll actually punish you"?! Call me crazy, but I want people who commit crimes PUNISHED, not WARNED. -Jeffrey-Jeffrey "With tha thoughts of a militant mind... Hard line, hard line after hard line!" Quote Share this post Link to post Share on other sites
miked10270 0 #3 November 5, 2004 "Is an ASBO just a way of saying, "Commit this crime one more time, and we'll actually punish you"?!" Yes. That's what they're saying. "Continue this behaviour and we'll punish you out of all proportion to the individual incidents." Most antisocial behaviour actually consists of a very minor crime - but committed repeatedly or continuously. The individual punishment(s) are limited to being equally minor. What the ASBO does is prohibit behaviour rather than the commision of the individual crime(s). Commit the crime again and you automatically brreach the ASBO - for which the punishments are far greater (and inspired). Almost all crimes carry maximum penalties in proportion to the severity of the crime committed once. So damaging someone's garden may incur a fine of, say £50. The little git who did this would want "time to pay" and that could be as low as £2 a week! Any additional fines incurred simply means he's paying the £2 a week for longer and longer. Or, there's the possibility that the perpetrator is too young to be fined (or even to be prosecuted). This is one area where the ASBO comes in. As well as the individually minor crimes being committed, he is then ALSO in breach of the ASBO - for which the penalties can include eviction from the perpetrator's home. Thus, taking the example of the "kid gone wild" and the parents not bothering... They'd better START bothering if they want to keep living where they do! Of course, they will be re-housed,. Actually offered their choice of 3 houses by a housing authority. Let's just say there isn't a good choice among them. Thus, the ASBO allows for punishment of behaviour (if it continues) over and above punishments for individual crimes. That's why it's liked so much. Mike. Taking the piss out of the FrenchAmericans since before it was fashionable. Prenait la pisse hors du FrançaisCanadiens méridionaux puisqu'avant lui à la mode. Quote Share this post Link to post Share on other sites
miked10270 0 #4 November 5, 2004 "Is an ASBO just a way of saying, "Commit this crime one more time, and we'll actually punish you"?!" Yes. That's what they're saying. "Continue this behaviour and we'll punish you out of all proportion to the individual incidents." Most antisocial behaviour actually consists of a very minor crime - but committed repeatedly or continuously. The individual punishment(s) are limited to being equally minor. What the ASBO does is prohibit behaviour rather than the commision of the individual crime(s). Commit the crime again and you automatically brreach the ASBO - for which the punishments are far greater (and inspired). Almost all crimes carry maximum penalties in proportion to the severity of the crime committed once. So damaging someone's garden may incur a fine of, say £50. The little git who did this would want "time to pay" and that could be as low as £2 a week! Any additional fines incurred simply means he's paying the £2 a week for longer and longer. Or, there's the possibility that the perpetrator is too young to be fined (or even to be prosecuted). This is one area where the ASBO comes in. As well as the individually minor crimes being committed, he is then ALSO in breach of the ASBO - for which the penalties can include eviction from the perpetrator's home. Thus, taking the example of the "kid gone wild" and the parents not bothering... They'd better START bothering if they want to keep living where they do! Of course, they will be re-housed,. Actually offered their choice of 3 houses by a housing authority. Let's just say there isn't a good choice among them. Thus, the ASBO allows for punishment of behaviour (if it continues) over and above punishments for individual crimes. That's why it's liked so much. Mike. Taking the piss out of the FrenchAmericans since before it was fashionable. Prenait la pisse hors du FrançaisCanadiens méridionaux puisqu'avant lui à la mode. Quote Share this post Link to post Share on other sites
miked10270 0 #5 November 5, 2004 Bump 'cos the server posted my reply twice but didn't record it(?) Mike. Taking the piss out of the FrenchAmericans since before it was fashionable. Prenait la pisse hors du FrançaisCanadiens méridionaux puisqu'avant lui à la mode. Quote Share this post Link to post Share on other sites
PhillyKev 0 #6 November 5, 2004 Guess, what, we already have that here. It's called indirect criminal contempt. If a judge orders you to do or not do something, and you are accused of breaking that order, you will be arrested, and can be held almost indefinitely until you either agree to follow their order and they believe you, or you go through a long, drawn out, expensive legal process to get released. Quote Share this post Link to post Share on other sites
