Abstract

The Anti-Social Behaviour Order (ASBO) was designed as a civil/criminal hybrid, preventive in structure and with a largely undefined object. After 2002, legal challenges to the ASBO led to the use of justificatory arguments from cumulative effect, and to the introduction of new measures which offered to regulate anti-social behaviour in more legally acceptable forms. In 2014 the Coalition government replaced the ASBO with two new instruments: a post-conviction Criminal Behaviour Order (CBO) and a wholly-civil anti-social behaviour injunction (ASB Injunction). While the CBO and the ASB Injunction build on this history, it is argued that they do not represent a new approach to anti-social behaviour so much as a continuation of the ASBO by other means.

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