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The Insecurity StateVulnerable Autonomy and the Right to Security in the Criminal Law$
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Peter Ramsay

Print publication date: 2012

Print ISBN-13: 9780199581061

Published to Oxford Scholarship Online: September 2012

DOI: 10.1093/acprof:oso/9780199581061.001.0001

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The Right to Security Beyond the ASBO

The Right to Security Beyond the ASBO

(p.132) 7 The Right to Security Beyond the ASBO
The Insecurity State

Peter Ramsay

Oxford University Press

This chapter reviews the protection of a right to security by the wider criminal legislation enacted by successive New Labour governments. It includes in turn the other Civil Preventive Orders that share the form of the Anti-Social Behaviour Order (ASBO); the Vetting and Barring Scheme (enacted by New Labour but significantly scaled back by the Coalition); various pre-inchoate offences of preparation, possession, and failure to report; three classic complete criminal offences that have acquired or moved towards a preinchoate form in recent years — fraud, theft and assault; and imprisonment for public protection, a sentencing power (largely abandoned by the Coalition). The chapter is aims simply to demonstrate that the ASBO was indeed the flagship of a fleet of measures punishing the undermining of the public's feeling of security.

Keywords:   preinchoate offences, Civil Preventive Orders, Civil Preventative Orders, vetting and barring scheme, preparation offences, possession, money laundering, failure to report, Fraud Act 2006, R v Hinks

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