Frances Gibb
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A leading barrister and part-time judge believes ASBOs should be scrapped because they could lead to severe injustice.
Sally O’Neill, QC, who takes over this week as chairman of the 4,000-strong Criminal Bar Association, also urges a radical review of the way teenagers and children are dealt with in the criminal justice system.
The traditional criminal courts, such as the Old Bailey, should not be used for young offenders – however abhorrent their offence, she said.
Instead, she called for new “child friendly” courts, possibly with a jury.
Ms O’Neill, 53, who defended Roy Whiting, the man convicted of abducting and murdering Sarah Payne, told The Times that ASBOs were a civil order that could lead to someone getting a criminal record. Increasing numbers of people were being jailed because they had breached an ASBO, a “preventative” measure, even though they had never been judged to have committed any criminal offence.
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Asbos have there place But ONLY WHEN EVERY OTHER MEASURE has been implemented Asbos have divided communities and criminilzed childs play.
the goverment shout for protection for front line workers while asbo teams in one area Hartlepool put them at risk by naming them to obtain asbos
bronia, sunderland, tyne /wear
What we need is NOT asbo's, but good strong discipline in both Schools and Home, like it used to be 20 years or more ago .It seems that nowadays Children call the shots and that is when the rot started. You only need to have seen the excellent Channel 4 program where some children were sent for 50/60's style schooling and although hating it at first by the end they loved it. BRING BACK DISCIPLINE IN SCHOOLS and you will see much of the bullying and bad behaviour disappear. Why not start in Junior schools and then see if can be maintained in secondary school ?.
Alan, London, UK
Maybe all judges should be made to live in the same neighbourhood as the young offenders and see if they feel the same way.
the youth courts are already too child friendly, so friendly that the young offenders treat them as a joke.
there should be no lower age to criminal responsiblity, in fact all children who commit a crime should be taken into permanent state care/prison until they are 18 at least. The parents should be stripped on parental responsibility, and not be able to claim any benefits for a child convicted of a criminal offence. The child can then be reformed and rejoin society when they accept their responsiblity in being part of it.
Jane Kay, london , uk
I do believe that the asbo's should be abolished. It is giving moaning neighbours more power. I have been reported for being a nuisance, for watching my television quietly, for having a clock radio to go to sleep to, on number 3 I might had, for flushing my toilet if I need to get up in the night. And also everytime my son walked down the street with a football on his way to the park, if he kicked it I was also reported on numerous accasions. My son was threatened with an asbo. I might also add that on one accasion their were 16 childrens playing football in my street and just around the corner...No one else gets reported. Get rid of the asbo's i say.
julie, staffordshire,
I am an adult criminal and I would like to go to an adult friendly court..
peter, newcastle,
In my view, the public must be protected from the those who cause harm whether they are adults or children. The rights of the harm causing children should not infringe those of the law abiding general public.
Thura, Maidstone, UK
I would like to think that a leading Q.C and chairman of the criminal bar association would have some idea what she was talking about Bob.
Chris, Kings Lynn,
"Child friendly" courts? Sounds completely ludicrous - the serious impercussions of certain crimes must be made known to the offender, no matter how young - we only need to look at the recent gun crime by youngsters to see that. The possible introduction of child friendly courts only takes away from that and leads to the illusion that they are less responsible and a different class. I'm not a Conservative but Thatcher said it - Crime is crime is crime.
Laura, Belfast,
ASBOs are ridiculous and oppressive. If the law has been broken, deal with the culprit under the law. Applying an ASBO, complete with criminal sanctions, for behaviour that is not illegal by itself is, in my view, completely unjust.
The concepts of "social" or "anti-social" behaviour, totally subjective definitions, should be expected to be found only within a totalitarian dictatorship. As far as the law is concerned, there should only be legal and illegal behaviour. Whether you like it or not, the former is acceptable.
PC Plod, Hong Kong,
It is always important when listening to anyone's point of view to consider whether they have any vested interest. This woman, like many in her profession, has made quite a bit of money ensuring our streets are full of drug dealers and murderers.
Why should we listen to someopne who's moral standards will be akin to the idiots we have outside our doors ensuring that our chidren remain prisoners in their own homes who cant go out to play. It is sickeinng enough that modern day barristers have forgetten their duty to the courts and to the truth, and destroyed justice in this country whilst working; and often later as judges, without having to read their ill founded and ultimately dishonest opinions on the system they have created which is bereft of justicve for the law abiding citizens of this country.
Robert Price LLB, Hartlepool, Britain
ASBO'S are another thing the government has invented on the road to a totalitarian police state, sure we need to find ways of dealing with the problems we have in our country, this is not the way.
I would sugest the government improve schools and social services, flatten sink estates and give folk decent housing instead of treating the people worse than animals.
Civil unrest, crime and so on comes from people having nothing and no hope, why do people turn drugs.
Again because of no hope,, we need to provide decent jobs, give folk a sense of pride and things will change.
Ok the goverment says it has no money for this, this is a total lie, if it stops buying guns and bombs to opress and kll folk abroad there is lots of cash.
Wake up Britain before it's to late.
A brit living in France
John, Le Taillan Medoc , Franc
We do not need "child friendly" courts. We need "victim friendly" courts.
James L Wilkie, Torpoint,
Oh my God, another do-gooder in a position of power to mess things up even more than they are all ready. Come and live in the real world please. The police are powerless enough to deal with these idiots, they use every trick in the book, and she want to make it easier for them. I despair at this country.
Bob Cullen, London,
Yes introduce child friendly courts but also allow children to be prosecuted as adults under certain circumstances. Canada allows this on a case by case basis for teenagers who have committed serious offences.
F. McMillan, Montreal, Canada