Housing and Crime Control

Cowan, David

doi:10.1007/978-1-349-14643-7_19

Housing Law and Policy 1999

DOI: 10.1007/978-1-349-14643-7_19

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Housing and Crime Control

David Cowan

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2007

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“…The abundance of ASBOs across the country and the rapid growth in their uptake has been widely attributed to the ardent enthusiasm of local authorities (particularly in social housing areas) for this new means of tackling nuisance behaviour. While Burney (2003) and Cowan, Pantazis and Gilroy (2001) have observed the social housing sectors' increased use of and reliance upon procedures synonymous with crime control, Brown (2004) and Hester (2000) have gone further and suggested that the control of anti‐social behaviour has become a means for the social control of marginalised groups by local authorities.…”

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The Judiciary as a Primary Definer on Anti‐Social Behaviour Orders

Donoghue

2007

The Howard Journal of Criminal Justice

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It has been argued that the introduction of anti-social behaviour orders (ASBOs) has created a 'new domain of professional power and knowledge' (Brown 2004, p.203). That is, local authorities have become 'the main agency of [social] control' (Brown 2004, p.205). Alternatively, this article considers the effects of subjective legislative terminology, pivotal jurisprudential decisions, the courts' protection of individual liberties versus the public interest, and the relevance of an overburdened summary criminal justice system, and attempts to locate the position of the judiciary within ASBO cases, not as a supportive or subordinate one, but in fact as a component of elementary importance.Manchester City Council's website proudly declares that it 'leads the country' in having the greatest number of ASBOs issued in Britain. The enthusiasm for the use of this new instrument of law and order is unsurpassed in Manchester, with the head of their nuisance strategy team having been elevated to the title of 'ASBO Ambassador' for the Home Office. Yet, Manchester does not stand alone in its zealous endorsement of the ASBO. Since the orders became available in April 1999, the use of ASBOs in tackling all forms of obtrusive and potentially offensive behaviour has been increasing annually (Home Office 2005a; Scottish Executive 2005). The abundance of ASBOs across the country and the rapid growth in their uptake has been widely attributed to the ardent enthusiasm of local authorities (particularly in social housing areas) for this new means of tackling nuisance behaviour. While Burney (2003) and Cowan, Pantazis and Gilroy (2001) have observed the social housing sectors' increased use of and reliance upon procedures synonymous with crime control, Brown (2004) and Hester (2000) have gone further and suggested that the control of anti-social behaviour has become a means for the social control of marginalised groups by local authorities.However, if local authorities are fundamental in determining the number of ASBO applications, it is the courts, and ultimately the judiciary, that make decisions on the legal legitimacy of such orders. In this sense, not only have the courts facilitated the increase in uptake, but they have also endorsed the use of ASBOs to cover a much broader spectrum of behaviour than was perhaps originally intended. An analysis of the

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The Judiciary as a Primary Definer on Anti‐Social Behaviour Orders

Donoghue

2007

The Howard Journal of Criminal Justice

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Housing and Crime Control

Cited by 1 publication

References 18 publications

The Judiciary as a Primary Definer on Anti‐Social Behaviour Orders

The Judiciary as a Primary Definer on Anti‐Social Behaviour Orders

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