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dc.contributor.authorBateman, Timen_GB
dc.date.accessioned2013-09-23T12:40:54Z
dc.date.available2013-09-23T12:40:54Z
dc.date.issued2007-11-09
dc.identifier.citationBateman, T. (2007) 'Ignoring necessity: the court's decision to impose an ASBO on a child' Child and Family Law Quarterly, 19(3), pp.304-321en_GB
dc.identifier.issn1358-8184
dc.identifier.urihttp://hdl.handle.net/10547/302100
dc.description.abstractThe anti-social behavior order has proved to be one of the more controversial elements of the Government’s agenda for law and order. On the face of it, however, little of that controversy is reflected in the court process, where the ‘success rate’ of applications for such orders is extremely high. Drawing on recent research on the use of ASBOs against children, this article aims to explore some of the factors that determine whether an application against a young person below the age of 18 years is granted. It is argued that while courts generally require strong evidence to establish the young person’s involvement in anti-social behavior, less attention is paid to the issue of whether an ASBO is necessary to prevent further incidence of misconduct. It is further contended that necessity is overlooked, in part, because magistrates and district judges (and defence solicitors) tend to assume, sometimes erroneously, that applications for ASBOs against children are only initiated where other measures have been tried and failed.
dc.language.isoenen
dc.publisherJordan Publishing Limiteden_GB
dc.subjectanti-social behaviouren_GB
dc.subjectanti-social behaviour ordersen_GB
dc.subjectdecision makingen_GB
dc.subjectinterventionen_GB
dc.subjectlaw courtsen_GB
dc.subjectyoung peopleen_GB
dc.subjectyouth justiceen_GB
dc.subjectAsboen_GB
dc.titleIgnoring necessity: the court’s decision to impose an ASBO on a childen
dc.typeArticleen
dc.identifier.journalChild and Family Law Quarterlyen_GB
html.description.abstractThe anti-social behavior order has proved to be one of the more controversial elements of the Government’s agenda for law and order. On the face of it, however, little of that controversy is reflected in the court process, where the ‘success rate’ of applications for such orders is extremely high. Drawing on recent research on the use of ASBOs against children, this article aims to explore some of the factors that determine whether an application against a young person below the age of 18 years is granted. It is argued that while courts generally require strong evidence to establish the young person’s involvement in anti-social behavior, less attention is paid to the issue of whether an ASBO is necessary to prevent further incidence of misconduct. It is further contended that necessity is overlooked, in part, because magistrates and district judges (and defence solicitors) tend to assume, sometimes erroneously, that applications for ASBOs against children are only initiated where other measures have been tried and failed.


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