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Should ASBOs be civilized? / Stuart Macdonald, Simon Hoffman

Criminal Law Review, Volume: 2010, Issue: 6, Pages: 457 - 473

Swansea University Authors: Stuart Macdonald, Simon Hoffman

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Abstract

Despite the order’s diminishing use in recent years, in the second half of 2009 the Government declared its intention to revive the ASBO. One of the most contentious features of the ASBO has always been its hybridity. This article discusses a way of addressing concerns about the ASBO’s hybridity whi...

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Published in: Criminal Law Review
ISSN: 0011-135X
Published: Thomson Reuters 2010
Online Access: Check full text

URI: https://cronfa.swan.ac.uk/Record/cronfa5081
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Abstract: Despite the order’s diminishing use in recent years, in the second half of 2009 the Government declared its intention to revive the ASBO. One of the most contentious features of the ASBO has always been its hybridity. This article discusses a way of addressing concerns about the ASBO’s hybridity which has hitherto received little consideration, namely that the two-stage ASBO procedure be “civilized”, i.e., made into a wholly civil process. The article suggests that such a change would have a number of benefits, and then discusses where a wholly civil ASBO would leave the ASBI and the CrASBO.
Keywords: Anti-social behaviour, ASBO
College: Hillary Rodham Clinton School of Law
Issue: 6
Start Page: 457
End Page: 473