The Dispersal Of Discipline
The dispersal of discipline in the UK via Anti-Social Behaviour legislation
In recent years the Criminal Justice System has argued to reduce the prison population by incorporating punishment in the community through use of anti-social behaviour legislation (Gibbs, 2009). Behaviour once not suitable for criminalisation has been dubbed anti-social that may cause ‘harassment, alarm or distress’ (Home Office, 2003) which requires a form of punitive focus to prohibit risk to society, however the definition is largely contested as being ambiguous (Doolin & Child, 2011). Since the introduction of Labour in 1997, collated evidence by people of a community has been a main priority in determining the punishment of delinquent others to control low-level crime in order to establish a safer environment. Community measures such as the Dispersal Order and ASBO have developed a notion that society must act as control agents to provide alternatives to imprisonment. However, there is evidence to suggest that these alternatives have simply been additions to the Criminal Justice System increasing what Cohen (1985) argues to be ‘widening the net’ - introducing individuals who may not have been entered into the penal system previously. The Crime and Disorder Act (1998) was introduced to implement this ideology that the responsibility of anti-social behaviour legislation can be placed in the hands of local authorities to promote alternatives to custody. Since 2001, the prison population has increased by 30%, adjacent to community alternatives being imposed, whilst between 2000 and 2013 53% of ASBO’s breached resulted in immediate imprisonment (Home Office, 2014). These statistics clearly show a need to redress current criminal processes and an ability to identify problematic strategies considered to be having minimal affect.
The Dispersal Order was first introduced under the Anti-Social Behavioural Act (2003) as a means to allow Police to displace groups of two or more causing
In recent years the Criminal Justice System has argued to reduce the prison population by incorporating punishment in the community through use of anti-social behaviour legislation (Gibbs, 2009). Behaviour once not suitable for criminalisation has been dubbed anti-social that may cause ‘harassment, alarm or distress’ (Home Office, 2003) which requires a form of punitive focus to prohibit risk to society, however the definition is largely contested as being ambiguous (Doolin & Child, 2011). Since the introduction of Labour in 1997, collated evidence by people of a community has been a main priority in determining the punishment of delinquent others to control low-level crime in order to establish a safer environment. Community measures such as the Dispersal Order and ASBO have developed a notion that society must act as control agents to provide alternatives to imprisonment. However, there is evidence to suggest that these alternatives have simply been additions to the Criminal Justice System increasing what Cohen (1985) argues to be ‘widening the net’ - introducing individuals who may not have been entered into the penal system previously. The Crime and Disorder Act (1998) was introduced to implement this ideology that the responsibility of anti-social behaviour legislation can be placed in the hands of local authorities to promote alternatives to custody. Since 2001, the prison population has increased by 30%, adjacent to community alternatives being imposed, whilst between 2000 and 2013 53% of ASBO’s breached resulted in immediate imprisonment (Home Office, 2014). These statistics clearly show a need to redress current criminal processes and an ability to identify problematic strategies considered to be having minimal affect.
The Dispersal Order was first introduced under the Anti-Social Behavioural Act (2003) as a means to allow Police to displace groups of two or more causing
References: Anti-Social Behaviour Act (2003) Available: http://www.legislation.gov.uk/ukpga/2003/38/contents (online) Accessed: 09/12/14) Crime and Disorder Act (1998) Available: http://www.legislation.gov.uk/ukpga/1998/37/contents (Online) Accessed: 09/12/14) Cohen, S. (1985) ‘Visions of Social Control: Crime, Punishment and Classification’ Polity Press: Cambridge Husak, D Doolin, K., Child, J. (2011) ‘Whose Criminal Justice?: State or Community’ Waterside Press: Hatfield Home Office, 2014 Home Office, 2013. ‘Anti-Social Behaviour, Crime and Policing Bill’ (Online) Available: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/202891/Fact_sheet_Police_Powers.pdf (Accessed: 04/12/14) Crawford, A., Lister, S Adler, J., Gray, J. (2010) ‘Forensic Psychology: Concepts, Debates and Practice’ Routledge: London Gibbs, P Home Office (2003) ‘Defining and Measuring Anti-Social Behaviour’ (Online pdf.) Available: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/116655/dpr26.pdf (Accessed: 04/12/14) Marticorena, W Schur, E.M. (1973) ‘Radical Non-intervention: Rethinking the Delinquency Problem’ Prentice Hall: New Jersey Becker, H