Source · Select Committees · Human Rights (Joint Committee)
Recommendation 3
3
Acknowledged
It is important that measures designed to tackle ASB work to protect victims and do...
Conclusion
It is important that measures designed to tackle ASB work to protect victims and do not unjustifiably affect the vulnerable. Respect orders would reintroduce criminal offence as a punishment for breach. It is not, however, clear why they would work more effectively than existing measures or the ASBOs that preceded them but were abandoned a decade ago.(Conclusion, Paragraph 47)
Government Response Summary
The government acknowledges the importance of protecting victims and vulnerable individuals, and explains that Respect Orders are designed to be more effective by providing a stronger deterrent for breach and retaining rehabilitative requirements.
Government Response
Acknowledged
HM Government
Acknowledged
The Government recognises the importance of ensuring that measures designed to tackle ASB work to protect victims without unjustifiably affecting vulnerable individuals. Respect Orders have been introduced to address this balance more effectively than previous measures, including Anti-Social Behaviour Orders (ASBOs) and Civil Injunctions. Behavioural orders are fundamentally preventative in nature. They give the respondent the opportunity to change their behaviour before incurring any further sanctions. However, breach of a Respect Order will be a criminal offence. This is a change from the current Civil Injunction (which the Respect Order partially replaces) in which breaches are dealt with as a contempt of court. This change is expected to provide a stronger deterrent against non-compliance and allows the police to arrest those suspected of breaching their Respect Order. This is expected to ensure that breaches are taken seriously and dealt with promptly, enhancing protections for victims and the public. It is important to note that under the existing Civil Injunction regime, civil courts can still issue significant penalties for breach, including unlimited fines and up to two years in prison. Making breach of a Respect Order a criminal offence will equip the courts with a wider range of sentencing options, including community orders, which we know can be an effective driver of rehabilitation and behavioural change. While it is important that Respect Orders serve as a powerful deterrent, we have retained the Civil Injunction’s ability to include rehabilitative positive requirements to drive meaningful behaviour change, which were not a feature of ASBOs. These positive requirements aim to address the underlying causes of ASB by mandating actions such as attending support programmes or engaging in community remedies. This approach brings together the best aspects of both punitive and rehabilitative measures, ensuring that individuals are not only held accountable for their actions but also given the opportunity to change their behaviour, providing a more effective and balanced approach to tackling ASB.