11. Memorandum submitted by County
Durham Youth Engagement Service
COLLATED OBSERVATIONS
AND COMMENTS
MADE BY
MEMBERS OF
CDYES
Generally, with regard to causation, anti-social
behaviour tends to be much more prevalent in areas of high multiple
depravation. However, this is not always the case: some areas
of high depravation do not generate high levels of anti-social
behaviour. As to a single causative factor, an excessive consumption
of alcohol is in many cases closely associated with anti-social
behaviour and criminality. This pertains across all age ranges
and applies to males and females.
It should be noted that behaviour that is categorised
in one area as anti-social may be tolerated in another. This is
particularly the case when comparing rural areas with deprived
urban areas. Relatively minor acts of anti-social behaviour in
the former may be perceived as significant which if perpetrated
in an urban environment may go virtually unnoticed. Whilst it
is acknowledged that reaction to anti-social behaviour may vary
considerably according to area, nevertheless perception of what
is and what is not acceptable behaviour may well be valid across
all areas. However, as a corollary to this it has to be realised
that this will result in differential executive and sentencing
responses to similar behaviour in different parts of the country.
At its extreme, the same act in one part of the country may go
virtually unnoticed whilst in another it may result in a successful
ASBO application and a prison sentence of some length on breach.
There are clearly human rights issues in this situation.
There is also a degree of concern that ASBOs
are being successfully applied for when there is sufficient evidence
for a substantive offence to be prosecuted through the courts.
This strategy has been perceived as a short-cut to getting "known"
criminals imprisoned without having to prove a substantive offence
against them in court and thereby have to overcome the criminal
burden of proof. Such an approach may be pragmatic but it could
also cause, in the longer term, loss of respect and credibility
in the criminal justice system. Of particular concern in this
area is that the rigorous pursuance of ASBOs and breach proceedings
could well result in an increase in the youth custody population
which is contrary to government policy. This increase could happen
despite the more graduated approach to sentencing which usually
occurs within the youth justice system where offenders are required
to engage with increasingly higher levels of supervision and support
if their offending persists.
It is particularly important that agencies respond
to reported acts of anti-social behaviour in relation to young
people in a proportionate and effective manner. In practice this
means that every area should have a range of prevention and early
multiple intervention programmes to which young people can be
referred. It is clear from the Governments own research that these
programmes are successful in the majority of cases. Where anti-social
behaviour persists and an acceptable behaviour contract is being
pursued, it is equally important that assessed intervention programmes
are implemented to support restrictions that may be placed on
the young persons behaviour. Youth Offending Teams and their partners
are ideally placed to provide this support and it is crucial therefore
that they are party to all ABCs and resourced sufficiently to
carry out this work.
At both the preventative and ABC stage it is
additionally important in addressing anti-social behaviour to
involve the parents/carers of any young person. Youth Offending
Teams again are well placed to both engage and support parents/carers
which can be non-contractual, through a parenting contract or
where this fails through a parenting order.
Where the young person's anti-social behaviour
persists and an ASBO is successfully applied for it is again fundamental
to its success that an Individual Support Order (ISO) is attached
to the order by the court where deemed appropriate by the report
providing agency (usually the local Youth Offending Team). It
is important to note that an ISO can only last a maximum of six
months and cannot enforce attendance of the young person on support
programmes for more than two sessions per week. This may be insufficient
to provide adequate measures of supervision and support. Given
the inadequacy of the statutory arrangements, Youth Offending
Teams should be resourced sufficiently to provide additional voluntary
contact with the young person where necessary over the full length
of the ASBO and at an intensity determined by the needs of the
individual.
This paper recognises that anti-social behaviour
is highly significant for both individuals and communities. It
can cause damage, fear, intimidation and paralysis. In the case
of many adults, the imposition of an ASBO may be fully justified
in addressing and directly bearing upon their actions. Safeguards
need to be maintained however to ensure that ASBOs for adults
are not short-cuts to custody by passing the more usual sentencing
framework. Loss of perceived "due process" and "natural
justice principles" will bring the criminal law into disrepute.
It should be recognised that adults may need supervision to reinforce
restrictions and address problems (alcohol abuse) that may predispose
towards anti-social behaviour.
In the case of young people all the aforesaid
equally applies but because of their general immaturity, impressionability
and capacity for change, it is important that the symptoms of
anti-social behaviour are addressed as early as possible in an
effective fashion. This involves early identification of unacceptable
social behaviour and referral mechanisms which result in assessed
early multiple interventions. It is at this early stage of anti-social
behaviour that it is most likely to be successfully and cost effectively
addressed. Persistence resulting in an ABC or an ASBO must also
be fully supported by intervention programmes. Failure to do so
will, in many cases, result in the behaviour continuing and a
criminal breach ensuing. Victimisation of individuals and/or communities
will have continued in the meantime with the young person becoming
more entrenched in their behaviour patterns.
There are difficulties in ascertaining a clear
picture of the number of ABCs and ASBOs that are issued to young
people. There are not any recording protocols in place to monitor
numbers and effectiveness of ABCs and ASBOs. From April 2005 Youth
Offending Services nationally will have a statutory responsibility
to submit data regarding ASBOs and ABCs. For this to happen protocols
will need to be developed locally between the YOTs and relevant
partner agencies in order to establish numbers of ASBOs and ABCs
that are issued, who has responsibility for monitoring, are they
an effective intervention and the outcomes of any breach proceedings.
There is not a current existing co-ordinated approach to this.
10 September 2004
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