The Right to Security Beyond the ASBO
The Right to Security Beyond the ASBO
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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