At least 18 powers have been introduced to tackle anti-social behaviour – of which the ASBO is just one. But the use of these powers has differed widely from region to region, while very little has been done to assess whether they are actually working.
A report, led by the Centre for Criminal Justice Studies at the University of Leeds and funded by the Economic and Social Research Council, has raised a number of key issues with the way this legislation has been both introduced and implemented.
These include:
Definition: The legislation is open to wide, subjective interpretation of what actually constitutes anti-social behaviour (ASB). This leads to inconsistent practice, generates variable public and professional understandings of the issues and impedes standardised data collection.
Crime control: ASB powers were intended to regulate non-criminal behaviour but are now often used as an aspect of formal sentencing for criminal convictions.
Local variations: There are wide differences in the way the legislation has been used around the UK – and these seem to reflect local preferences more than the different nature of local problems.
Evidence base: Despite government insistence on evidence-based policy there has been insufficient evaluation of the use and impact of ASB powers and interventions particularly with regard to age, gender and ethnicity.
Adam Crawford, Professor of Criminology at the University of Leeds, said there is now the need for a fresh look at the legislation to tackle these issues and to ensure that anti-social behaviour powers are used more effectively.
"There was a flurry of legislation to introduce these powers, but they were brought in without any real supporting evidence for how they should be structured. And since then there has been very little research to show whether or not they are working or to assess their implications."
There are very different ways in which the policies have been interpreted around the UK. "Some parts of the country – Manchester and some London Boroughs for example – saw quite widespread use of ASBOs," said Prof Crawford. "In other areas, such as Scotland, there was a far more cautious approach to the legislation and there were concerns about the use of enforcement against young people and the stigma which would be attached to those with an ASBO. Some areas have relied more heavily on voluntary agreements such as acceptable behaviour contracts to foster behavioural changes."
The use of the powers has also changed over time: "There has been a quiet shift away from enforcement and towards early intervention, prevention and support for young people and families. Anecdotal evidence suggests that the number of anti-social behaviour orders being granted has declined."
Adam Crawford is Professor of Criminology and Director of the Centre for Criminal Justice Studies at the University of Leeds.
Download a pdf copy of the report ‘Situating Anti-Social Behaviour and Respect’ at –
