Leave it to New Labour, which has done so much to encourage the Big Brothering of the U.K., to come up with a new way to meddle in people's lives: Anti-Social Behavior Orders, civil orders against trespasses so broadly defined that any mildly irritating behavior or general mischief would seem to qualify. The legislation enabling ASBOs was introduced in 1999 as part of the Crime and Disorder Act and is increasingly implemented:
The number of orders made has escalated over the six-year period that ASBOs have been available. During the first eight months in 1999, only 104 orders were made. However, there has been a significant escalation with more than 2,600 orders made since November 2003.
So, for example, ASBOs have been served on people---frequently kids: 4/10 are under 17---for begging, posting flyers, shouting or swearing, ringing doorbells and running away, repeatedly playing the same song, playing games in the street or on various green areas, and hoarding stuff, as well as other slightly shadier activities such as throwing empty bottles, public urination, or street solicitation for (legal) prostitution.
Grounds for serving an ASBO don't need to meet the usual standards: hearsay evidence and anonymous testimony are admissible as evidence; complaints do not have to be proven beyond reasonable doubt, merely judged on the balance of probability. Those served with ASBOs are subject to various restraints and conditions: besides stopping the offending activity, one may be subject to police check-ups, curfews, etc. And even when (as in the vast majority of cases) the original offense wasn't criminal, violation of the restraints (e.g., continuing to play that record or violating curfew) is, so one can go to jail for up to 5 years for "anti-social" behavior; in fact, 50% of those receiving ASBOs end up in jail.
The Parliamentary Answers reveal that the breach rate has been 39% for 10-15-year-olds, 38% for 16-20-year-olds, and 31% for those aged over 21. However, figures are only available on numbers jailed for the years 2001 and 2002. In 2001, 114 persons breached by the courts following the imposition of an ASBO were jailed out of 322 issued. In 2002, 212 were jailed out of 403 issued. These figures would suggest that around 50% of those who are the subject of an ASBO eventually end up in jail.
Moreover, unlike criminal offenses, those served with orders needn't be kept anonymous and on the contrary the usual strategy is to "name and shame" offenders (yes, including the kids), putting their name and pictures on flyers (humiliation posting is allowed, I guess) and the backs of buses. You can imagine how this affects their lives, and futures. This article provides some details; don't miss the gallery.
