When Labour introduced Asbos the initial intention was that they could be issued if someone had been proved to be guilty of unreasonable behaviour on the balance of probabilities rather than the usual requirement of beyond reasonable doubt. That was struck down by the law courts as breach of an Asbo could lead to a jail sentence (even if the offence would not normally attract a custodial sentence or even be a criminal offence).

 

Theresa May wants to replace them with Criminal Behaviour Orders (inevitably dubbed Crimbos). She wants these orders to be issued potentially within hours and to go back to proof on the balance of probabilities. But it gets worse. She wants breach of these Crimbos (again with the possibility of a custodial sentence) also to be determined on the balance of probabilities. Thankfully this utterly barmy proposal was not in the Queen's speech as it is believed that Nick Clegg and Ken Clarke have both objected. I hope they continue to object and refuse to support it. Nobody should ever be jailed having been "proved" guilty merely on the balance of probabilities.

 

If this was ever implemented it would surely be ruled to be a breach of the European Convention on Human Rights. Leaving aside the rights and wrongs of the matter (even though in this case there are only wrongs), it would be totally irresponsible of a government to introduce legislation knowing that it would be defeated after an expensive battle in the courts. If a local council did that then any councillor who voted for it would be liable to be surcharged to pay for the costs.

Completely dim plan, can't see it getting any further. Thankfully, as you said.

Ken Clarke said today that there were thousands of people in prison purely because of the tabloid press. He was absolutely right. Successive home secretaries, Tory and Labour, have been too ready to panic whenever some scummy tabloid goes on about rising crime (even though crime fell for over 15 years until recently) and all sorts of nonsense about being soft on crime.

I honestly never thought anyone could come up with something worse or more pointless and stupid than the ASBO... Theresa May proves me wrong, again...