Tackling ‘Anti-Social Behaviour’ in Britain and New South Wales—a Preliminary Comparative Account

Abstract

This article offers a preliminary comparative account and evaluation of approaches to anti-social behaviour in New South Wales (NSW) in light of experiences under the more established British system. Specifically, it compares the British regime of ‘Anti-Social Behaviour Orders’ or ASBOs with the scheme of ‘Youth Conduct Orders’ in NSW. While the UK system is largely punitive, the NSW scheme seeks to integrate justice and welfare considerations, and to address the underlying causes of anti-social behaviour. However, because the nature and scope of anti-social behaviour are not clearly delineated, there is potential for the NSW system to suffer a similar fate as the UK system, which stands accused of ‘criminalising incivility’ and eliding anti-social behaviour and criminal conduct, thus undermining some of the traditional safeguards and protections that are integral to the administration of criminal justice.