The draft Anti-Social Behaviour Bill was published on 13 December 2012 (Cm.8495, ISBN 9780101849524). It is the Government's intention to tidy up the tool-kit for dealing with anti-social behaviour (ASB) and to involve victims and communities more directly in dealing with the problems. The Committee found the following: (i) Rationalising the number of anti-social behaviour (ASB) powers is welcome; (ii) Key elements necessary to tackle ASB are missing: good inter-agency working, intelligent information sharing and a network of services; (iii) The move away from automatic criminalisation for breach of an Injunction is positive, but the powers are far too wide; (iv) The "Community Remedy" must not "become the modern pillory or stocks": officers must have the discretion to choose alternative disposals; (v) The "Community Trigger" will not be effective against persistent ASB unless there is a national limit on the number of complaints that can be made before action is taken. The Committee recommended the following: (i) Strengthen the Community Trigger so that authorities that do not deal with ASB are identified and held to account; (ii) Set up a new National Anti-social Behaviour Forum headed by a chief constable, a housing association chief executive, and a local council leader, for a term of two years; (iii) End the arms race against Anti-social Behaviour by setting reasonable limits on the behaviour covered by the new powers.
Introducing you to the public policy making process in Britain today, this book adopts an empirical approach to the study of policy making by relating theory to actual developments in Britain since the 1980s. It covers: Ideas, Problem Definition, Issues and Agenda-Setting Key Individuals Key Institutions Parliament and Public Policy Implementation The shift from Government to Governance (including marketization, and devolution) The increasing role of the private and voluntary sectors in policy delivery Internationalisation and Europeanization of policies and policy making Evaluation, audits and the New Public Management Each chapter is enriched by recent real-life case studies and boxes illustrating key arguments, concepts and empirical developments. Taking into account the 2010 election and beyond, the book addresses current issues, developments and debates. The result is a contemporary and engaging text that will be required reading for all students of British politics, public policy and public administration.
With the introduction of the Anti-Social Behaviour, Crime and Policing Act 2014, victims of anti-social behaviour also now have tools to enable them to insist on a response to a problem where nothing seems to have been done. It sets out the following six tools which came into use from October 2014: 1. Injunction 2. Criminal Behaviour Order 3. Dispersal Powers 4. Community Protection Notices and Orders 5. Public Spaces Protection Order 6. Closure of Premises Since the guidance was revised, there has been confusion within local authorities as to what the changes are, how their powers and orders should be adapted to comply with the new guidance. Fully updated and providing analysis of the revised guidance with commentary explaining what the changes are and what they mean for those working in this area, the second edition of Cornerstone on Anti-social Behaviour remains the first port of call for every one working in the area of, and carrying out ASB work.
This report had endorsed draft laws to extend dangerous dogs offences to attacks on private property and on assistance dogs. But the MPs criticise the Government for failing to bring in wider measures, including Dog Control Notices, to tackle out-of-control dogs. MPs also endorse the proposed amendment to the Dangerous Dogs Act 1991 making attacks on private land the same as attacks on public land. The current law makes it impossible to bring criminal charges against an owner whose dog attacks someone in a private place, such as a home. The Committee welcomed the proposal to enable action to be taken regardless of where a dog attack happens. The Committee agree with the Government that the protection from prosecution should apply only when an attack takes place on a trespasser in the house, not in a surrounding area such as the garden or drive. However, measures taken by the owner to minimise the likelihood of their dog acting aggressively toward someone unexpectedly in such places should be taken into account by enforcement agencies and the courts. MPs fully support the measures to extend offences to those committed against an assistance dog, such as a guide dog, in the same way as if the attack were on a person. This reflects the significant consequences such attacks have on the daily lives of people who rely on assistance dogs. The Committee recommends that such offences should be extended to apply to any attack which injures a protected animal, such as a horse or livestock.
This book arises from a three-year study of Preventive Justice directed by Professor Andrew Ashworth and Professor Lucia Zedner at the University of Oxford. The study seeks to develop an account of the principles and values that should guide and limit the state's use of preventive techniques that involve coercion against the individual. States today are increasingly using criminal law or criminal law-like tools to try to prevent or reduce the risk of anticipated future harm. Such measures include criminalizing conduct at an early stage in order to allow authorities to intervene; incapacitating suspected future wrongdoers; and imposing extended sentences or indefinate on past wrongdoers on the basis of their predicted future conduct - all in the name of public protection and security. The chief justification for the state's use of coercion is protecting the public from harm. Although the rationales and justifications of state punishment have been explored extensively, the scope, limits and principles of preventive justice have attracted little doctrinal or conceptual analysis. This book re-assesses the foundations for the range of coercive measures that states now take in the name of prevention and public protection, focussing particularly on coercive measures involving deprivation of liberty. It examines whether these measures are justified, whether they distort the proper boundaries between criminal and civil law, or whether they signal a larger change in the architecture of security. In so doing, it sets out to establish a framework for what we call 'Preventive Justice'.
The Joint Committee on Human Rights accepts the need for a counter-terrorism power to stop, question and search travellers at ports and airports without reasonable suspicion, but calls for a reasonable suspicion threshold to be introduced for the more intrusive powers such as detention, searching and copying the contents of personal electronic devices like mobile phones and laptops, and taking biometric samples. The Committee welcomes the improvements made to the powers in Schedule 7 of the Terrorism Act 2000 to stop, question, search and detain at ports, but still considers that a number of significant human rights compatibility concerns remain with those powers even after the changes have been made. The Committee recommends a number of other amendments to the Bill with regards to preventive measures against anti-social behaviour. Whilst cautiously welcoming the Bill's provision to criminalise forced marriage, the Committee believes the new law must be implemented and monitored carefully to ensure that it is not counter-productive for victims. The Committee also recommends additional measures to protect against the potential for prolonged retention of DNA and other personal samples in criminal investigations.
Now in its sixth edition, Sentencing and Criminal Justice has been extensively rewritten to reflect recent legislation, guidelines and judicial decisions. New material includes comparative sentencing research, which looks at models from other countries in comparison with the approach in England and Wales, and an additional chapter focusing on civil preventive orders and other ancillary orders. Written with clarity of expression coupled with critical analysis, this textbook offers an unrivalled combination of expertise, accessibility and coverage. This is the essential text for anyone interested in criminal justice.
This report is the Home Affairs Committee's response to the House's invitation of 15 July 2013, together with the Justice and European Scrutiny Committees, to submit a report by the end of October 2013 relevant to the exercise of the block opt-out of pre-Lisbon Treaty EU police and criminal justice measures, before the start of negotiations between the Government and the European Commission, Council and other EU member states on measures which the UK wishes to rejoin following exercise of the block opt-out. The Government has given notification of its intention to exercise the block opt-out. Its right to do so, and the conditions attached to the exercise of that right, are contained in Article 10 of Protocol 36 annexed to the EU Treaties. The block opt-out covers 130 EU police and criminal justice measures which had been adopted prior to 1 December 2009, the date of the entry into force of the Lisbon Treaty. The Committee has also set out: (i) That there are many problems with the European Arrest Warrant, in its existing form, in particular that it is on a system of mutual recognition of legal systems which in reality vary significantly; (ii) The Committee welcomes and supports the Government's reform package for the arrest warrant; (iii) The Committee recommends separate votes on the arrest warrant to the rest of the opt-in package at an early stage to provide a parliamentary mandate for the Government's negotiations.; (iv) The Committee concludes that if the Government proceeds with the opt-in as proposed, it will not result in any repatriation of powers. Indeed, the increased jurisdiction of the European Court of Justice may result in a net flow of powers in the opposite direction.