Northern Ireland ASBO plans on pause after experts raise concerns

Northern Ireland ASBO plans on pause after experts raise concerns

Experts have raised concerns over proposals to expand the use of anti-social behaviour orders (ASBOs) in Northern Ireland.

A joint consultation conducted by the Department of Justice and the Department for Communities between November 2023 and April 2024 sought views on issues including including ASBOs, public drinking, injunctions against anti-social behaviour and absolute grounds for possession in social housing.

A summary of responses has now been published by the Department of Justice and shows strong support for lowering the minimum age for imposition of an ASBO and reducing the threshold at which an ASBO can be imposed.

However, the summary document notes that a “significant number of responses to the ASBO questions were from the general public, most of whom did not provide any additional comments to support their response”.

It points out that “the majority of responses from those engaged on behalf of young people stated that ASBOs are not appropriate for use on those under 18” and others warned against making ASBOs “easier” to obtain.

Because of the concerns raised, the Department of Justice last year brought together an advisory group involving relevant agencies and organisations representing young people, tenants, vulnerable individuals and victims to review the proposals in the consultation as well as “several other, less contentious, issues”.

“This group has finished its considerations and a report detailing the out workings of the group has been completed,” the summary document states.

“While this report is still in draft form the Department can advise that, whilst for most issues there was an agreed position reached, the advisory group had a divergence of opinion on two issues which will be considered by the minister once checks on the draft report have been completed.

“These are the legal threshold to be reached (this is different than the standard of proof required), and the minimum age for imposition of an order.”

The document goes on to say that it is “clear that further policy development work is required with respect to ASBOs”.

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