Jonathan Werran 11 November 2013

Councils back amendment giving 'teeth' to ASBO replacement

A cross-party coalition of councils has today given public support for a proposed amendment to the Anti-social behaviour, crime and policing Bill, aimed at giving ‘teeth’ to the replacement for ASBOs.

Under the Bill - which reaches committee stage in the House of Lords on Tuesday - Anti Social Behavioural Orders (ASBOs) would make way for a new measure known as an Injunction to Prevent Nuisance and Annoyance (IPNA).

As such, councils would no longer seek Criminal Behaviour Orders at local Magistrates’ Courts, but must instead apply at the High Court, County Court and Youth Court for an IPNA which unlike its predecessor does not carry an automatic power of arrest.

Local authority critics warn this itself would add extra legal costs in enforcing action and make it harder to enforce, making it easier for people to escape sanction for persistent anti-social behaviour such as begging.

Lord Flight will today give a briefing for members of the House of Lords on an amendment that would give power of arrest in the case of ‘intentional or deliberate anti-social behaviour of a potentially persistent nature’.

‘The proposed amendment would give IPNA “teeth”, enabling the arrest of intentional and persistent beggars. This is what works under the current ASBO regime and is especially valuable in the centre of large cities,’ Lord Flight said.

The amendment is supported by flagship Conservative London borough Westminster City Council and Labour run Birmingham City Council, Nottingham City Council, Southampton – as well as the Labour Police and Crime Commissioner for the West Midlands.

Cllr Nickie Aiken, Westminster City Council cabinet member for community protection, who has already campaigned against the diluted nature of the new IPNA sanctions will join Lord Flight at the briefing.

‘IPNAs may be easier to apply for, but they will also be easier to ignore,’ said Cllr Aiken. ‘That is a risk local councils cannot afford to take.’

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