ASBOs: A Practitioner's Guide to Defending Anti-social Behaviour Orders by Maya Sikand
ASBOs were designed to tackle real problems in local communities such as the misery and distress caused by conduct involving harassment, alarm and distress. Seven years on from their introduction, ASBOs are widely-used and often misused: by excessive use against the young and mentally disordered, by their use against conduct that is disturbed or dysfunctional rather than serious and threatening, by resort to over-wide prohibitions and an over-readiness to impose custodial terms for breaches. "ASBOs: a practitioner's guide to defending anti-social behaviour orders "is a unique guide to this area of law. It is the first text to examine the practice and procedure of the criminal courts and the county court from the standpoint of a practitioner acting for the defendant. In addition to providing procedural and tactical guidance, it lends a powerful voice to the debate for a fairer and more balanced approach to what is 'anti-social behaviour' and what the appropriate prohibitions should be. It takes the reader through all the key issues: what should be considered before an ASBO is applied for? the difference between 'stand alone' and post-conviction ASBOs; the civil jurisdiction of the criminal courts; housing law and ASBOs in the county court; admissibility of hearsay and Article 6 of the ECHR; terms and duration of ASBOs; breaches and sentencing; treatment of children and young people; and, how to obtain public funding and recover costs. There is authoritative guidance on statutory tests, analysis of the rapidly developing body of case law as well as an analysis of the relevant human rights jurisprudence. The text is supplemented with all the crucial, updated legislation, statutory instruments, ECHR Articles, relevant Civil Procedure Rules, court forms and a practitioner's checklist. "ASBOs" is essential reading for criminal and housing practitioners, local authorities, police, the judiciary, those working in the youth justice system and in voluntary sector organisations concerned with young people, mental health and learning disabilities.