Asbos 'not effective' in curbing disorder

Published on Monday 30 June 2008 10:40

MORE antisocial behaviour orders were breached by offenders in Lothian last year than the number handed out by the authorities.

Police across the force area brought 154 charges for breaking the terms of an Asbo – an offence which can carry a jail term.

The high number of charges today, which suggest multiple breaches by some offenders, sparked questions over whether the orders are an effective deterrent against disorder.

But police and council chiefs defended their use as an "effective" last resort before court action. Senior officers have pointed to successes, such as using the orders to keep shoplifters out of the city centre.

Between April last year and March this year, the courts handed out 18 Asbos in Edinburgh following applications by the city council. The number for the rest of the Lothians was 33. The number of charges for breached Asbos in 2005 was 105 force-wide, compared with 172 the following year, and 154 in 2007.

Independent Lothians MSP Margo MacDonald said the figures demonstrated the orders were not an effective deterrent. She said: "I'm not going to pretend I have the answer, but I think there's sufficient evidence that they're not achieving the desired effect.

"Asbos are a sign of a lack of youth facilities and the build-up of frustration over unneighbourly behaviour. Many people may rethink their behaviour after receiving one, but I believe the majority will not."

Tory justice spokesman Bill Aitken said: "Although there is no harm in the Asbo concept, I very much feared the subjects would purposefully disregard them. These figures prove that these suspicions were entirely justified."

"Instead of Asbos, people should be fined and made to pay the fine, or receive community service and be made to complete it."

Offenders have been sent to prison on occasions in the Lothians for breaking the terms of their Asbos.

In one high-profile case, John McKay, who has earned the nicknames of Kaiser and King of the Beggars, was jailed for two months in January 2006 for failing to stop his harassment of city centre workers and shoppers.

Another success cited by police was the case of serial thief James McMillan, who was outlawed from entering Edinburgh city centre in 2006. Officers said McMillan had obeyed the ban and his removal was "a major factor" behind a 20 per cent drop in thefts last year.

Councillor Paul Edie, the city's community safety leader, said: "We have got the balance just about right with our antisocial behaviour strategy. In my time in power, all the Asbos issued have been merited.

"In Edinburgh we use them almost as a last resort before other court action would be taken and we monitor them to ensure that they are effective."

A police spokeswoman said: "We work closely in partnership with the council to ensure Asbos are enforced, and any breaches are dealt with robustly.

"In most cases, Asbos are issued as a last resort when an individual has failed to respond to every other intervention. This shows the problem of antisocial behaviour is a complicated one, with no single quick-fix solution.

"They are a useful tool to have at our disposal, and in many cases have helped make our city a safer and more pleasant place to live."